LIBRARY 


University  of  California. 


OIF^T  OK 


Receive, 
Accession  No. 


'ived  ,  igo 


82734 


Class  No. 


PUBLIC  SCHOOL  lf\m 


OF  THE 


state:  of  ALABAMA. 


TOGETHER    WITH 


FORMS  FOR  TEACHERS,  OFFICERS  AND 
THE  CONSTITUTION  OF  ALABAMA. 

AND  A  REVISED  LIST  OF 

COUNTY  AND  CITY  SUPERINTENDENTS. 


BY 
JOHN  O.TURNEIR, 

SUPERINTENDENT  OF  EDUCATION. 


MONTGOMERY,  ALA.: 

RoEMER  Printing  Company,  Printers  for  the  State. 

1895. 


OFFICERS  OF  THE  STATE  GOVERNMENT. 


LEGISLATIVE  DEPARTMENT. 


Governor Wm.  C.   Gates of  Ilenrj'. 

Presidentof  the  Senate. Francxs  L.  Pettur.  "  Dallas. 

Speaker  of  the  House.  .Thomas  H.  Clark.  Montgomery. 


EXECUTIVE  DEPARTMENT. 

Governor Wm.  C.  Gates  .of  Henry. 

Secretary   of  Sfftto        James  Kirkmax  Jackson.  .  "  Lauderdale. 

Treasurer  .  J.  Craig  Smith "  Dallas. 

Auditor Jno.  Purifoy  .   "  Wilcox. 

Attorney-General  .     .  Wm.  C.  Fitts  "  Tuskaloosa. 

Sup't  of  Education        .Kn.    O.     T;  rner "St.    Clair. 


R  \Tr,1?OAD  rO^MMfSSTOXKUP. 


Henry  R.   Shorter,   President 

Ross  C.  Smith,   Associate 

H.ARVEY  E.  Jones,   Associate.  . 


of  Barbour. 

.   "  Jefferson. 

'■  Mobile. 


JUDICIAL  DEPARTMENT. 


SUPRE.ME  COURT. 

Chief  Justice Robekt  C.   Briokki.l. 

Aijsociati*  Justice   .     Thomas   N.  ^[cCi.klt.an 

"  "  TnOM.\S     W.     Coi.EMAX 

"  "  Jon.  H.xralson   

"  "  James   B.  Head 


of  Madi.son. 
"  Tiimestone. 
"  Gre(Mie. 
■"  Dallas. 
"  Jefferson. 


aM'FrCER*  OF  THE  STATE  GOVERNMENT. 

CIRCUIT  .IL'BUKS. 

Fii'-<t  Cirfnit Jxo.  C.  Anderson of  Mai-engo. 

Second   Circait Jxo.  R.   Tysox "  Montgomery. 

Third  Circuit J.  M.    Carmichael         "  Dale. 

Fourth  Circuit. ....  .John  Moore "  Perry. 

Fifth    Circuit    ....   N.   D.  Denson "Chambers. 

Sixth    Circuit S.  H.  Sprott         "  Sumter. 

Seventh   Circuit. . .  .Geo.  S.  Brewbr  "  Talladega. 

I  ighth  Circuit H.   C.   Speake "  Madison. 

Ninth    Cii"cuit .T.  A.  Bii.btio         "  Etowah. 

Tenth    Circuit  J.  .T.  Baxks .  .  "  .Tefferson. 

Eleventh    Circuit.     Thos.  R.  Roulhac  "  Colbert. 

Twelfth    Circuit. . .  .J  W.  Foster "  Henry. 

Thirteenth  Circuit. .  Wm.  S.  Axdersox "  Mobile. 


Northeastern  Division.  . 
Northwestern  Division 
Southeastern  Division.  . 
Southwestern  Division  . 
Northern  Division 


CHANCELLORS. 

S.  K.  MoSpadden of  Cherokee. 

Thomas  Cobbs "  Jefferson. 

Jere  N.    Williams "  Barbour. 

.Wm..  H.  Tayloe "  Marengo. 

. Wm.   H.    Simpson "  Morgan. 


MEISIBERS  OF  CONGRESS. 


senators. 

Senior Jxo,  T.  Morcjan of  Dallas. 

Junior Jas.  L.    Pugh "  Barbour. 

representatives. 

1st   District Rtchard  H.  Clarke "  Mobile. 

2d  District Jesse   ¥.    St.\li  ings "  Butler. 

3d  District George    P.   Harrison "  Lee 

4th  District Gaston  A.  Robbins "  Dallas. 

5th  District Jambs   E.    Cobb .  "  Macon. 

6th  District Jno.  H.  Bankhead "  Fayette. 


"  DeKalb. 

"  Lawrence. 

9th  District Oscar    W.    Uxijeewood "  Jefferson.. 


7th  District M.  W.   Howard.  . 

8th   District Joseph    Wheeler. 


PUBLIC  ECHDOL  Ifim 


OF  THE 


state:  OF  ALABAMA. 


TOGETHER   WITH 


FORMS  FOR  TEACHERS,  OFFICERS  AND 
THE  CONSTITUTION  OF  ALABAMA, 

AND  A  REVISED  LIST  OF  • 

COUNTY  AND  CITY  SUPERINTENDENTS. 


BY 
JOHN  O.TURNEIR, 

SUPERINTENDENT  OF  EDUCATION. 


MONTGOMERY,  ALA. : 

RoEHEB  Printing  Compant,  Printers  for  the  State. 

1895. 


UNrVERSITT 


CONSTITUTIONAL  PROVISIONS. 


STATE  CONSTITUTION. 
Article  XIII. 

EDUCATION. 

Section  1.  The  General  Assembly  shall  establish ,  or- 
ganize and  maintain  a  system  of  public  schools  through- 
out the  State  for  the  equal  benefit  of  the  children  there- 
of, between  the  ages  of  seven  and  twenty-one  years ;  but 
separate  schools  shall  be  provided  for  the  children  of 
citizens  of  African  descent. 

Sec  2.  The  principal  of  all  funds  arising  from  the 
sale  or  other  dispositions  of  lands  or  other  property, 
which  has  been  or  may  hereafter  be  granted  or  entrusted 
to  this  State,  or  given  by  the  United  States,  for  educa- 
tional purposes,  shall  be  preserved  inviolate  and  undi- 
minished ;  and  the  incomes  arising  therefrom  shall  be 
faithfully  applied  to  the  specific  objects  of  the  original 
grants  or  appropriations. 

Sec  3.  All  lands  or  other  property  given  by  indi- 
viduals, or  appropriated  by  the  State  for  educational  pur- 
poses, and  all  estates  of  deceased  persons  who  die  with- 
out leaving  a  will  or  heir,  shall  be  faithfully  applied  to 
the  maintenance  of  the  public  schools. 

Sec  4.  The  General  Assembly  shall  also  provide  for 
the  levying  and  collection  of  an  annual  poll  tax,  not  to  ex- 
ceed one  dollar  and  fifty  cents  on  each  poll,  which  shall 
lae  applied  to  the  support  of  the  public  schools  in  the 
counties  in  which  it  is  levied  and  collected. 

Sec.  5.     The  income  arising  from   the  sixteenth  sec- 

82734 


tion  trust  fund,  the  surplus  revenue  fund,  until  it  is 
called  for  by  the  United  States  Government,  and  funds 
enumerated  in  sections  three  and  four  of  this  article, 
with  such  other  moneys  to  be  not  less  than  two  hundred 
thousand  dollars  per  annum,  as  the  General  Assembly 
shall  provide  by  taxation  or  otherwise,  shall  be  applied 
to  the  support  and  maintenance  of  the  public  schools, 
and  it  shall  be  the  duty  of  the  General  Assembly  to  in- 
crease, from  time  to  time,  the  public  school  fund,  as  the 
condition  of  the  treasury  and  the  resources  of  the  State 
will  admit. 

Sec.  6.  Not  more  than  four  per  cent,  of  all  moneys 
raised,  or  which  may  hereafter  be  appropriated  for  the 
support  of  public  schools  shall  be  used  or  expended  oth- 
erwise than  for  the  payment  of  teachers  employed  in 
such  schools  ;  Provided,  That  the  General  Assembly  may, 
by  a  vote  of  two-thirds  of  each  house,  suspend  the  opera- 
tion of  this  section. 

Sec.  7.  The  supervision  of  the  public  schools  shall 
be  vested  in  a  Superintendent  of  Education,  whose  pow- 
ers, duties,  term  of  office  and  compensation  shall  be  fixed 
by  law.  The  Superintendent  of  Education  shall  be 
elected  by  the  qualified  voters  of  the  State  in  such  man- 
ner and  at  such  time  as  shall  be  provided  by  law. 

Sec.  8.  No  money  raised  for  the  support  of  the  pub- 
lic schools  of  the  State  shall  be  appropriated  'to  or  used 
for  the  support  of  any  sectarian  or  denominational 
school. 

Sec.  9.  The  State  University  and  the  Agricultural 
and  Mechanical  College  shall  each  bo  under  the  manage- 
ment and  control  of  a  Board  of  Trustees.  The  Board  for 
the  University  shall  consist  of  two  members  from  the 
congressional  district  in  which  the  University  is  located, 
and  one  from  each  of  the  other  congressional  districts  in 
the  State.  Said  trustees  shall  be  appointed  by  the  Gov- 
ernor by  and  with  the  advice  and  consent  of  the  Senate, 


and  shall  hold  office  for  a  term  of  six  years,  and  until 
their  successors  shall  be  appointed  and  qualified.  After 
the  first  appointment  each  Board  shall  be  divided  into 
three  classes  as  nearly  as  may  be.  The  seats  of  the  first 
class  shall  be  vacated  at  the  expiration  of  two  years,  and 
those  in  the  second  class  in  four  years,  and  those  in  the 
third  class  at  the  end  of  six  years,  from  the  date  of  ap- 
pointment, so  that  one-third  may  be  chosen  bi-ennially. 
No  trustee  shall  receive  any  pay  or  emolument  other  than 
his  actual  expenses  incurred  in  the  discharge  of  his  du- 
ties as  such.  The  Governor  shall  be  ex-offi,cio  President, 
and  the  Superintendent  of  Education  ex-officio  a  member 
of  each  of  said  Boards  of  Trustees. 

Sec.  10.  The  General  Assembly  shall  have  no  power 
to  change  the  location  of  the  State  University  or  the  Ag- 
ricultural and  Mechanical  College  as  now  established  by 
law,  except  upon  a  vote  of  two-thirds  of  the  members  of 
the  General  Assembly,  taken  by  yeas  and  nays,  and  en- 
tered upon  the  journals. 

Sec.  11.  The  provisions  of  this  article,  and  of  any  act 
of  the  General  Assembly  passed  in  pursuance  thereof,  to 
establish,  organize  and  maintain  a  system  of  public 
schools  throughout  the  State,  shall  apply  to  Mobile 
county  only  so  far  as  to  authorize  and  require  the  au- 
thorities designated  by  law  to  draw  the  portion  of  the 
funds  to  which  said  county  will  be  entitled  for  school 
purposes,  and  to  make  reports  to  the  Superintendent  of 
Education  as  may  be  prescribed  by  law.  And  all  special 
incomes  and  powers  of  taxation  as.  now  authorized  by 
law  for  the  benefit  of  public  schools  in  said  county,  shall 
remain  undisturbed  until  otherwise  provided  by  the  Gen- 
eral Assembly  ;  Provided,  That  separate  schools  for  each 
race  shall  always  be  maintained  by  said  school  authori- 
ties. 


TITI.B  I, 

EDUOATIOW. 

Chapter  1. — Public  school  fund. 
2.— Officers, 
3. — Public  schools. 

4. — Apportionment  and  dlsbarsement  of  school  funds. 
6. — QabGol  Ifaida. 


CHAPTER  I. 

PUBLIC  SCHOOL  FUffTD-. 

[Sections  correspond  with  numbers  of  Code  of  1886.] 

§  943.  Appropriations  for  public  schools. — For  the 
maintenance  of  a  system  of  public  schools  throughout 
the  State,  the  following  sums  of  money  are  hereby  ap- 
propriated for  each  scholastic  year,  to- wit : 

1.  The  annual  interest  at  six  per  cent,  on  all  sums  of 
money  which  have  heretofore  been,  or  which  may  here- 
after be  received  by  the  State,  as  the  proceeds  of  sales  of 
lands  granted  or  entrusted  by  the  United  States  to  the 
State,  or  to  the  several  townships  thereof,  for  school  pur- 
poses. 

2.  The  annual  interest  at  four  per  cent,  on  that  part 
of  the  surplus  revenue  of  the  United  States,  deposited 
with  the  State  under  the  act  of  Congress  approved  June 
23,  1836. 

3.  All  the  annual  rents,  incomes  and  profits,  or  in- 
terests, arising  from  the  proceeds  of  sales  of  all  such 
lands  as  may  hereafter  be  given  by  the  United  States,  or 
by  this  State,  or  by  individuals,  for  the  support  of  the 
public  sohools  of  the  8ta*e, 


4.  All  such  sums  as  may  accrue  to  the  Stale  as 
escheats ;  the  same  to  be  applied  to  the  support  of  the 
public  schools  during  the  scholastic  year  next  succeeding 
their  receipt  in  the  State  treasury. 

5.  The  further  sum  of  three  hundred  and  fifty  thous- 
and dollars,  from  any.  money  in  the  treasury  not  other- 
wise appropriated. 

6.  The  amount  of  poll-tax  that  may  be  collected  iii  the 
State;  the  poll-tax  collected  in  each  county  to  be  re- 
tained therein  for  the  support  of  the  public  schools 
thereof,  and  distributed  and  disbursed  as  provided  in 
this  title. 

7.  All  rents,  incomes  and  profits  received  into  the 
State  treasury  during  the  scholastic  year  from  all  lands 
heretofore  donated  by  the  Congress  of  the  United  States 
for  the  support  of  the  public  schools,  and  remaining 
unsold,  which  shall  .b3  applied  to  the  support  of  the 
public  schools  during  the  scholastic  year  next  succeeding 
their  receipt  into  the  treasury. 

8.  Licenses  which  are  by  law  required  to  be  paid 
into  the  school  fund  of  any  county  ;  to  be  promptly  paid 
by  the  judge  of  probate,  or  other  collecting  the  same,  to  . 
the  county  superintendent  of  education,  and  to  be  ex- 
pended for  the  benefit  of  the  public  schools  in  such 
county. 

§  944.  When  appropriations  accrue,  and  placed  to  credit 
of  educational  fund — All  such  appropriations,  except  the 
poll-tax,  shall  accrue  to  the  educational  fund  on  the  first 
day  of  October,  in  each  year  ;  and  on  that  day  the  State 
auditor  shall  place  to  the  credit  of  that  fund,  on  the 
books  in  his  office,  all  such  amounts  as  ac^crue  thereto 
from  the  source  in  this  chapter  mentioned,  except  the 
poll-tax,    for   the  scholastic  year  beginning  on  that  day. 

[By  act  approved  February  12,  1887,  "For  the  Pro- 
tection of  Dogs,"  and  amended  February  18th,  1891, 
the    owner  of  any  dog  may  register   the   animal  in  the 


8 

office  of  the  judge  of  probate,  paying  therefor  a  registra- 
tioa  fee  of  twenty-five  cents  and  a  tax  of  one  dollar. 
The  tax  thus  realized  is  appropriated  to  the  use  of  the 
public  schools  of  the  county  where  collected.  The  pro- 
visions of  the  act  do  not  apply  to  the  counties  of  Clay, 
Dale,  Geneva,  Elmore,  Tallapoosa,  Winston,  Perry, 
Jackson ,  Morgan ,  Marshall,  Fayette,  Hale,  Greene  and 
Henry.] 

CHAPTER  II. 

OFFICERS. 

Abticle  1. — General  designation. 

2. — Superintendent  of  education. 
3. — County  superintendents. 
4. — Township  trustees. 

Article  I. 

GENERAL    DESIGNATION    OF    OFFICERS. 

§  945.  Officers  for  administration  of  public  schools. — For 
the  administration  and  government  of  public  schools  in 
this  State,  there  are  the  following  officers  : 

1.  The  superintendent  of  education. 

2.  A  county  superintendent  of  education  in  each 
county. 

3.  Three  township  trustees  in  each  township . 


Article  II. 


SUPERINTENDENT  OF  EDUCATION. 

§  946.  Commission,  term  of  office,  and  salarif — The 
Superintendent  of  Education,  after  his  election,  shall  be 
commissioned  by  the  Governor,  shall   hold  his  office  fca* 


9 

tlie  term  of  two  years,  and  until  his  successor  is  elected 
and  qualified,  and  shall  receive  a  salary  of  two  thousand 
two  hundred  and  fifty  dollars  per  annum,  payable  in 
monthly  installments,  on  the  last  day  of  each  month. 

§947.  OoLthof  offi'ie  andhond. — Before  entering  upon 
the  duties  of  his  office,  he  shall  take  the  oath  of  office 
prescribed  by  the  constitution,  and  shall  also  give  bond, 
■with  sureties  to  be  approved  by  the  Governor,  in  the 
sum  of  fifteen  thousand  dollars,  conditioned  faithfully  to 
discharge  the  duties  of  his  office  so  long  as  he  sh  all  re- 
main therein,  or  perform  any  of  the  duties  thereof :  and 
such  bond  shall  be  filed  in  the  office  of  the  Secretary  of 
State. 

§  94:8.  0/^oe  and  books,  papers  and  records. — He  shall 
have  an  office  at  the  capitol  of  the  State,  where  the 
bonds,  papers  and  records  of  his  office  shall  be  kept,  and 
where  he  shall  give  attendance  when  not  absent  on  offi- 
cial business ;  and  it  shall  be  the  pivilege  of  all  persons 
interested  to  have  access,  at  all  proper  hours,  to  the 
books,  papers  and  records  of  the  office. 

§  949.  Clerks  and  their  salaries. — He  is  authorized  to 
employ  two  suitable  clerks  for  service  in  his  office  ;  and 
such  clerks  shall  be  allowed  together  two  thousand  two 
hundred  and  fifty  dollars,  annually  to  be  paid  as  the 
salaries  of  other  department  clerks  are  paid. 

§  950.  Duties  of  superintendent  of  education. — The 
duties  of  the  Superintendent  of  Education  shall  be  as 
follows  : 

1.  He  shall  devote  his  time  to  the  care  and  improve- 
ment of  the  common  schools,  and  the  promotion  of  pub- 
lic education,  and  shall  exercise  a  general  supervision 
over  all  the  educational  interests  of  the  State;  and  to  this 
end,  he  shall  have  power  to  require  from  the  county 
superintendent  of  education,  township  trustees  of  public 
schools,  and  all  other  school  officers,  all  such  reports 
and    information    relating  to  the   educational  fund,  or 


10 

the  condition  of  the  schools  and  the  management  thereof^ 
as  he  may  deem  important,  or  as  may  be  prescribed  by 
law ;  and  he  may  remove  from  office  any  such  officer  for 
failure  to  make  such  report,  give  such  information,  or 
discharge  any  other  official  duty. 

2.  He  shall  annually,  as  far  as  practicable,  visit 
every  county  in  the  State  for  the  purpose  of  inspecting 
the  schools  and  their  management,  the  accounts  of 
county  superintendents  of  education  and  other  school 
officers,  and  for  diffusing  as  widely  as  possible,  by  per- 
sonal addresses  and  personal  communication  informa- 
tion as  to  the  importance  of  public  schools  and  the 
best  method  for  their  management ;  and  he  shall  en- 
courage and  assist  in  organizing  and  conducting  teach- 
ers' and  superintendents'  institutes. 

3.  He  shall  make  provision  for  instructing  all  pupils 
in  all  schools  and  colleges  supported,  in  whole  or  in  part 
by  public  money,  or  under  State  control,  in  hygiene  and 
physiology,  with  special  reference  to  the  effects  of  alco- 
holic drinks,  stimulants,  and  narcotics  upon  the  human 
system. 

4.  He  shall  annually  apportion  and  distribute  all 
money  belonging  to  the  educational  fund,  in  such  man- 
ner as  may  be  prescribed  by  law,  and  shall  see  to  the 
proper  disbursement  of  the  same  ;  and  to  this  end,  he 
shall,  keep  an  accurate  account  with  all  officers  who  may 
be  custodians  or  disbursers  of  the  school  fund,  or  any 
part  thereof. 

[Hereafter  it  shall  be  the  duty  of  the  Superintendent 
of  Education  to  apportion  the  public  school  fund  to  the 
various  townships  and  school  districts  according  to  the 
entire  number  of  children  of  school  age. — Section  1  of 
an  Act  to  regulate  the  apportionment  of  the  school  fund 
in  this  State  by  the  Superintendent  of  Education  ap- 
proved, February  10th,  1891.] 

5.  He  shall  prepare  all  forms,  and  have  printed  and 


11 

distributed  all  such  blanks  as  may  be  necessary,  or  as 
may  be  required  by  law,  in  the  administration  of  the 
public  school  system. 

6.  He  shall  furnish  the  county  superintendents  of 
education  and  other  school  officers  all  necessary  books 
for  keeping  their  accounts  and  records,  and  to  be  and 
remain  public  property ;  and  he  shall  prescribe  a  uni- 
form system  of  keeping  such  accounts  and  records. 

7.  He  shall  take  receipts  for  all  such  books  so  fur- 
nished by  him  to  school  officers,  and  such  officers  shall 
take  good  care  thereof,  and  turn  them  over  to  their  suc- 
cessors in  office. 

8.  He  shall  keep  a  debtor  and  credit  account  with 
each  township  or  other  school  district,  in  the  State,  of 
all  funds  accruing  thereto  for  educational  purposes. 

9.  He  shall  keep  an  accurate  account  of  the  capital 
of  all  sixteenth  section  or  other  trust  funds,  to  which 
each  township  or  school  district  may  be  entitled,  showing 
whence  and  when  such  funds  were  derived. 

10.  He  Bhall  preserve  in  his  office  all  bonds  of  school 
officers  and  others  required  to  be  filed  therein. 

11.  He  shall  cause  suits  to  be  instituted  and  prose- 
cuted against  all  defaulters  to  the  educational  fund,  and 
for  this  purpose  may  employ  attorneys ;  but  he  shall  not 
have  power  to  contract  to  pay  such  attorneys  out  of  the 
educational  fund  more  than  ten  per  centum  of  the 
amount  recovered  by  them  in  such  suits ;  and  out  of 
such  fund  he  may  pay  such  lawful  costs  as  may  be  taxed 
against  him  as  superintendent  of  education,  in  case  he 
is  cast  in  any  of  such  suits. 

12.  He  shall  require  and  supervise  the  collection  of 
all  poll  taxes. 

13.  He  shall,  by  correspondence,  exchange  official  re- 
ports, and  by  other  proper  means,  elicit  information  rela- 
tive to  the  system  of  public  education  in  other  States  and 
countries,  and  disseminate  all  useful  knowledge  regard- 


12 

ing   the  same  among  the  county  superintendents  and 
other  officers  in  the  State. 

14.  He  shall  collect  in  his  office  such  school  books, 
apparatus,  maps,  charts,  and  specimens  of  improved 
school  furniture  as  can  be  obtained  without  expense  to 
the  State. 

15.  He  shall  prepare  and  have  printed,  in  pamphlet 
form  by  the  public  printer,  all  laws,  rules  and  regula- 
tions pertaining  to  the  public  school  system  of  the  State, 
and  cause  the  same  to  be  distributed  among  the  county 
superintendents  of  education,  and  other  officers  connect- 
ed with  the  school  system,  for  the  information  of  those 
interested  in  the  educational  interests  of  the  State. 

16.  He  shall  perform  such  other  duties  as  are,  or 
may  be  prescribed  by  law. 

[congressional  institutes  .] 

An  Act 

To  provide  for  holding  a  teachers  institute  for  a  period 

of  not  less  than  one  week  in  each  of  the  congressional 

districts  of  the  State. 

§  1,  It  shall  be  the  duty  of  the  State  Superintendent 
of  Education  to  hold,  or  to  have  held  within  the  bounds 
of  each  congressional  district  of  this  State,  one  or  more 
teachers  institutes,  to  be  conducted  by  a  teacher,  expe- 
rienced in  and  familiar  with,  the  most  improved  meth- 
ods of  instructions,  for  a  term  of  one  week  or  more  dur- 
ing the  summer  months. 

§  2.  For  the  purpose  of  carrying  out  the  provisions 
of  this  act,  the  Superintendent  of  Education  may,  from 
time  to  time, certify  to  the  auditor  the  amount  necessary 
to  defray  the  expenses  of  employing  teachers  to  conduct 
and  instruct  the  teachers  who  attend  these  institutes, 
and  upon  such  certificate  it  shall  be  the  duty  of  the  Au- 
ditor to  draw  his  warrant  upon  the  Treasurer  for  such 


13 

sura  or  sums  in  favor  of  the  Superintendent  of  Educa- 
tion as  may  remain  unapportioned  and  unexpended  in 
the  State  treasury  at  the  time  ;  Provided,  that  such  sun> 
shall  not  exceed  five  hundred  dollars  in  any  one  year ; 
And  iwovided  further,  that  such  sum  shall  not  exceed  the 
amount  apportioned  and  paid  for  such  purposes  by  th& 
trustees  of  the  Peabody  Education  Fund,  in  any  one 
year. 

§  3.  It  shall  be  the  duty  of  the  Superintendent  of 
Education  to  disburse  said  money  so  as  to  secure  the 
greatest  good  to  the  largest  number  of  teachers  in  the 
common  schools,  and  to  take  vouchers  therefor,  to  be 
kept  on  file  in  his  office,  and  to  make  an  itemized 
statement  in  his  annual  report  as  to  how  and  to  whom 
said  money  has  been  disbursed. 

Approved  February  28,  1887.] 

§  951.  Report  to  governor)  contents. — He  shall  also 
bi-ennially,  on  or  before  the  10th  day  of  October,  re- 
port to  the  Governor  in  writing, — 

1.  A  brief  history  of  his  labors. 

2.  An  abstract  of  the  reports  received  by  him  from 
the  county  superintendents  of  education,  exhibiting 
the  condition"  of  the  public  schools. 

3.  Estimates  and  accounts  of  expenditures  of  school 
money. 

4.  An  itemized  statement,  showing  how  the  contin- 
gent fund  of  his  department,  and  all  other  special  funds 
or  appropriations  under  his  control  have  been  dis- 
posed of. 

5.  Such  recommendations  as  he  may  desire  to  make 
for  the  improvement  of  the  school  system,  and  the  care 
and  increase  of  the  educational  fund. 

6.  All  such  other  matters  relating  to  his  office  and  to 
the  public  schools,  as  he  shall  deem  expedient  to  com- 
municate. 

§  952.     Report  to  he  printed  and  distributed. — The  Gov- 


14 

emor  shall,  when  such  report  is  laid  before  him,  direct 
the  Superintendent  of  Education  to  have  printed  in  the 
same  manner,  and  upon  the  same  conditions  as  other 
printing  is  done,  during  the  recess  of  the  General  Assem- 
bly, a  suficient  number  of  copies  of  the  report  to  supply 
the  county  superintendents,  and  township  trustees  of 
public  schools,  and  other  school  officers,  and  for  the  usual 
exchange  with  other  States,  and  with  the  leading  cities 
of  the  United  States ;  and  it  shall  be  the  duty  of  the 
Superintendent  of  Education  to  distribute  the  same  as 
indicated  in  this  section . 

§  953 .  Vacancy  filled  by  governor;  terms  etc. ,  of  appointee. 
If  the  office  of  Superintendent  of  Education  should,  at 
any  time,  become  vacant  by  death,  resignation,  or  other- 
wise, the  Governor  shall  appoint  a  suitable  person  to  fill 
such  office  for  the  unexpired  term  ;  and  such  appointee 
shall  give  bond  and  qualify  in  the  same  manner  as  if  he 
had  been  elected  for  a  full  term. 


Article  III. 

COUNTY    SUPERINTENDENT    OF    EDUCATION, 

§  954.  One  appointed  for  each  county. — Unless  by 
special  act  it  is  otherwise  provided,  a  county  superin- 
tendent for  each  county  in  the  State  shall  be  appointed 
by  the  Superintendent  of  education. 

Note. — County  superintendents,  by  act  of  the  legislature,  1888-9,  are 
elected  in  August  of  even  years  and  go  into  office  the  following  Octo- 
ber, except  in  the  following  counties,  in  which  they  are  appointed: 
Autauga,  Barbour,  Chambers,  Choctaw,  Cleburne,  Dallas,  Greene, 
Hale,  Jefferson,  Lowndes,  Macon,  Madison,  Montgomery,  Mobile, 
Perry,  Pickens,  Randolph,  Talladega,  Washington,  and  Wilcox.  In 
case  of  a  vacancy  in  the  office  in  any  of  the  excepted  counties,  the 
Tacancy  is  filled  by  the  Superintendent  of  Education. 

§  955.  Terms  of  office. — The  terms  of  office  of  county 
superintendents  of  education,  unless  otherwise  provided, 


15 

shall  be  for  two  years  and  until  their  successor  shall 
qualify;  but  the  Superintendent  of  Education  may,  at 
any  time,  for  good  cause  shown,  remove  from  office  any 
county  superintendent  of  education. 

§  596.  Oath  of  office  arid  bond. — Every  county  superin- 
tendent of  education,  before  entering  upon  the  duties  of 
his  office,  must  take  the  oath  of  office  prescribed  by  the 
constitution,  and  give  bond  in  an  amount  to  be  fixed  by 
the  Superintendent  of  Education,  but  in  no  case  to  be 
less  than  double  the  probable  amount  of  money  that  may 
be  in  his  hands  at  any  one  time,  with  good  and  sufficient 
sureties,  and  payable  and  conditioned  as  official  bonds 
of  other  public  officers. 

§  957.  Approval  and  record  of  bond. — Such  bond  must 
be  approved  by,  and  with  the  oath  of  office,  must  be  filed 
and  recorded  in  the  office  of  the  judge  of  probate  of  the 
county  ;  and  a  certified  copy  of  the  bond  must  also  be 
filed  in  the  office  of  the  Superintendent  of  Education  for 
his  approval. 

§  958.  New  or  additional  bond  ;  effect  of  notice  to  give. — 
The  Superintendent  of  Education  shall  require  of  any 
county  Superintendent  of  Education  a  new  or  additional 
bond,  in  the  same,  or  a  different  amount,  as  that  of  the 
original  bond,  whenever  he  shall  find  it  necessary  for 
the  protection  of  the  educational  fund  of  the  county ; 
and  no  county  superintendent  of  education,  after  receiv- 
ing notice  to  give  such  new  or  additional  bond,  shall  con- 
tinue in  the  discharge  of  the  duties  of  his  office  until  such 
new  or  additional  bond  is  given. 

§  969.  Compensation. — Each  county  superintendent 
of  education  shall  receive  for  his  services  four  per  cent, 
upon  the  amount  of  all  the  educational  funds  legally 
disbursed  by  him  ;  but  such  per-centum  must  not  be 
taken  or  used  by  him  until  after  the  disbursements  have 
been  made,  and  the  credits  <' allowed  by  the  State  Super- 
intendent of  Education. 


16 

Note. — In  Lowndes,  Franklin,  Madison  and  Perry,  the  compensa- 
tion has  been  increased  by  special  act  of  legislature.  In  Jefferson 
he  is  paid  sixty-five  dollars  per  month,  besides  his  State  salary  and 
commissions,  out  of  county  funds. 

§  960 .  His  duties . — The  duties  of  each  county  super- 
intendent of  education  shall  be  as  follows  : 

1.  He  shall  have  an  office  at  the  county  site  of  his 
county  where  he  must,  on  the  first  Saturday  of  each 
month  from  the  beginning  of  the  scholastic  year,  until 
the  close  of  the  public  schools  for  that  year,  be  present 
to  transact  business  with  the  ofRcers  and  teachers  of 
public  schools. 

2.  He  must  receive  and  take  charge  of  any  money, 
funds,  property,  or  proceeds  of  any  character,  raised  in 
his  county  by  county  taxation ,  or  which  may  accrue  to 
him  or  to  the  county  from  any  gift,  grant,  bequest, 
devise,  endowment,  or  otherwise,  to  be  used  in  aid  of, 
or  in  connection  with  money  apportioned  to  his  county 
from  the  educational  fund,  and  shall  faithfully  keep  the 
the  same,  separate  and  apart  from  any  other  funds  or 
property  whatsoever ;  and  he  shall  apportion,  distribute 
and  pay  out  all  money  raised  in  accordance  with  this 
subdivision  ;  but  all  money  raised  by  local  taxation  in 
any  school  district  or  incorporated  city  or  town,  shall  be 
expended  for  the  benefit  of  the  district,  city,  or  town  in 
which  the  money  is  raised,  and  by  such  persons  and  in 
such  manner  as  are  authorized  by  the  laws  of  force  for 
the  control  and  government  of  public  schools  in  such 
district,  city,  or  town. 

3.  [Made  county  superintendents  custodians  of  educa- 
tional fund.  Law  now  requires  this  fund  to  be  deposited 
in  the  State  Treasury .] 

4.  He  shall  examine  into  the  condition  of  all  school 
funds  of  his  county,  includingthe  sixteenth  section  fund, 
and  sixteenth  section  lands  unsold  in  his  county ;  and 
he  is  authorized  and  required,  in  the  name  of  the  State 
for  the  use  of  the  township,  to  bring  all  necessary   suits 


17 

for  the  recovery  of  the  possession  of  such  lands,  or 
against  trespassers  thereon. 

5.  He  shall  as  soon  as  he  receives  the  annual  appor- 
tionment of  the  educational  fund  to  his  county,  forth- 
with notify  the  trustees  of  each  township  or  school  dis- 
trict of  the  amount  apportioned  to  the  township  or  dis- 
trict. 

C.  He  shall  enter  in  a  book  or  books,  kept  for  that 
purpose,  the  exact  amount  and  date  of  all  money  received 
and  paid  out  by  him  on  account  of  the  educa'.ional  fund 
of  his  county,  showing  by  whom  or  to  whom  paid ,  and 
for  what  purpose,  and  also  the  amount  of  the  educational 
fund  appropriated  to,  and  distributed  in  each  township 
for  each  race  ;  and  such  book  or  books  shall  be  open  for 
the  inspection  of  all  persons  interested. 

7.  He  shall,  on  or  before  the  first  day  of  November  of 
each  year,  forward  to  the  Superintendent  of  Education, 
on  blanks  to  be  furnished  him  by  the  latter,  an  annual 
report  of  the  public  schools  of  his  county  for  the  preced- 
ing year,  which  shall  set  forth  (1)  the  amount  of  school 
money  r<x;eived  by  him  from  all  sources  to  tjie  end  of  the 
y^ar,  specifying  how  much  was  received  from  each  source; 
(2)  how  much  has  been  disbursed  by  him  during  such 
year,  for  what  purpose  and  the  names  of  teachers  to 
whom  money  has  been  paid,  the  time  they  taught,  and 
the  total  amount  paid  to  each  teacher,  specifying  how 
much  was  paid  for  teaching  schools  for  the  white 
race,  and  how  much  for  the  colored  race  ;  (3)  the  amount 
of  funds  then  in  hand  for  each  race  in  each  township,  or 
other  school  district  in  Ms  county  ;  and  (4)  the  manner 
rn  which,  and  the  extent  to  which  he  has  discharged  the 
duties  required  by  law  to  be  performed  by  him . 

8.  He  shall  semi-annually,  on  the  first  days  of  April 
and  October,  make  under  oath,  and  post  at  the  court- 
house of  his  county,  an  itemized  statement  of,  all  moneys 


18 

received  and  disbursed  by  him  during  the  scholastic  year, 
and  showing  the  balance  on  hand.  (In  effect  repealed 
by  acts  of,  Feb.  28,  '87,  and  Feb.  28,  '89.) 
.  9.  He  shall  remove  from  office  any  township  trustee 
when  the  interest  of  public  education,  demands  such  re- 
moval, and  shall  fill  all  vacancies  occasioned  by  removal 
from  office  or  otherwise. 

10.  He  must  quarterly,  on  the  first  Saturdays  in  Jan- 
uary, April,  July  and  October  of  each  year,  or  as  soon 
thereafter  as  practicable,  pay  the  teachers  of  the  public 
schools,  upon  the  certificate  of  the  trustees  of  the  town^ 
.  ship  in  which  the  school  was  taught ;  and  in  counties  in 
which  sepaiTite  districts  have  been  established  by  special 
laws ,  he  shall  pay  over  to  the  officers  authorized  to  re- 
ceive the  same  their  proportionate  share  of  the  school 
revenues  at  the  times  above  designated. 

§  961.  Report  delivered  to  judge  of  probate;  duty  to  com- 
missioners as  to. — Each  county  superintendent  of  educar 
tion  shall  also  deliver  a  duplicate  of  his  annual  report  to 
the  judge  of  probate  of  his  county,  who  shall  lay  the 
same  before  the  commissioners'  court,  or  board  of  rev- 
enue, at  its  first  regular  meeting  thereafter,  and  if  it  is 
found. apparently  correct,  an  order  shall  be  made  for  its 
record  on  the  minutes  ;  but  if  it  is  not  found  apparently 
correct,  the  court  or  board  shall  so  report  to  the  Super- 
intendent of  Education,  who  shall  at  once  make  an  in- 
vestigation of  the  accounts  of  such  county  superinten- 
dent. 

§  962 .  Commissioners  to  audit  accounts  and  count  m/yney. 
It  shall  also  be  the  duty  of  the  commissioners  court,  ocr 
board  of  revenue,  at  its  regular  meetings  in  April  and 
November  of  each  year,  and  it  may  do  so  at  any  other 
regular  meeting,  to  require  the  county  superintendent  of 
education  to-  bring  before  it  his  accounts  and  vouchers  up 
to  that  time,  and  the  money  then  on  hand ;  and  such 
court  or  board  shall  forthwith  audit  such  accounte  and 


19 

vouchers,  and  oonot  Ui«  mouej,  and  within  ten  days 
thereafter,  make  report  oi  the  same  to  the  Superinten- 
dent of  Education ;  hut  nothing  contained  in  this  r  the 
preceding  section  shall  prevent  the  Superintendent  of 
Education  from  examining  into  the  accounts  and  vouch- 
ers of  any  county  superintendent  of  education  and  count- 
ing the  money  on  hand,  either  in  pereon  or  by  some  duly 
authorized  agent,  at  any  time  he  may  deem  it  advisable 
or  necessary. 

§  963.  Forfeiture  for  failure  to  make  annual  reports. — If 
any  county  superintendent  shall  wilfully  fail  to  make  out 
and  forward  to  the  Superintendent  61  Education  any  an- 
nual report  required  by  this  article ,  within  ten  days  after 
the  time  it  should  be  made,  he  shall  be  liable  to  a  fop- 
feiture  of  his  pay  and  commissions,  and  to  removal  from 
oflBce  by  the  Superintendent  of  Education. 

§  964 .  Vacancies,  how  filled;  term,,  etc.,  of  appointees . 
The  Superintendent  of  Education  shall  fill  all  vacancies 
in  the  office  of  county  superintendent  of  education,  by 
appointment ;  and  such  appointee  shall  hold  during  the 
unexpired  term,  and  until  his  successor  is  appointed  and 
qualifies,  and  shaU  give  bond  and  qualify  as  is  required 
of  an  appointee  for  a  full  term. 


Article  IV. 

TOWNSHIP   TRUSTEES. 

§  966.  By  wliom  appointed;  term  of,  and  eligibility  to 
offi<^e. — Three  township  trustees  for  each  township  or 
other  school  district  in  each  county  who  shall  be  free- 
holders and  householders  resident  in  said  township  or 
other  school  district,  shall  be  appointed  by  the  county 
superintendent  of  education,  subject  to  the  approval  of 
the  Superintendent  of  Education,  whose  terms  of  office 
shall  be  for  two  years,  and  until  their  successors  shall 
qualify,  and  whose  terms  shall  commence  on  the  first 
day  of  October  of  each  odd  year. 

[Sec.  2  of  an  act  "To  regulate  the  apportionment  of 
the  school  fund  in  this  State  by  the  Superintendent  of 
Education,"  approved  February  10,  1891,  is  as  follows  : 

Sec.  2.  In  lieu  of  township  superintendents  the  county 
superintendent  shall  appoint  under  this  law  three  (3) 
township  trustees  who  shall  be  freeholders  and  house- 
holders resident  in  the  township  for  which  they  are  ap- 
pointed.] 

Note  — Three  trustees  elected  in  Augrist  of  add  years  in  Cherokee, 
Colbert,  Crenshaw,  ^ale,  Etowah,  Fayette.  FrankJin,  Jackson,  Law- 
rence Tallapoosa,  Walker  and  Winston.  In  Blount,  Covington  and 
Cullman,  they  are  elected  on  tlie  last  Motrdaj'  tt)  October,  or  Within 
seven  days  thereafter.  By  act  of  Feb.  18.  IB06»  applying  to  the  coun- 
ties of  Clarke,  Washington,  Dallas,  Talladega^  Jefferson,  Choctaw, 
Montgomery,  Calhoun  and  Cleburne,  there  fs  one  township  trustee 
appointed  for  each  township,  with  same  (^oallfications  as  those  pre- 
atu-lbed  in  section  2  of  act  Feb.  10,  1891,,  «el  Qot  tvliore.  By  the  last  act 
mentioned  (Feb.  13,  1895)  the  same  duties  are  imposed  on  the  single 
township  trustee  in  the  counties  named  as  are  to  be  discharged  by  the 
trustees  under  section  G68  following.  The  feouTlshlp  trustee  is  also 
exempted   from  rond  duty  and  pul^  t#uu 

§967.  Establishment  and  supe^^nsioni  of  schools. — The 
township  trustees  shall  have  the  immediate  supervision 


of  the  public  schools  in  their  township,  and  shall  have 
the  power  to  establish,  subject  to  the  approval  of  the 
county  superintendent  of  education,  one  or  more  schools 
of  either  race  in  such  township,  as  the  y)ublic  necessity 
may  require ;  but  not  mote  than  two  schools  shall  be  es- 
tablished for  either  race  in  any  township  in  which  the 
fund  of  such  race  does  not  exceed  fifty  dollars. 

§  968.  Meeting  with  pdrents  and  guardians  and  bun- 
ness  to  be  transacted  thereat. — The  trustees  in  each  town- 
ship shall  annually,  on  the  second  Monday  in  Septem- 
ber, or  within  seven  days  thereafter,  call  a  meeting  of 
the  parents  and  guardians  of  the  children  of  their  dis- 
trict within  tlio  ed\vcational  age,  and  at  such  meeting 
they  shall  in  consultation  with  such  parents  and  guard- 
ians, and  with  a  view  to  subserve  their  wishes,  interests 
and  convenience  transact  the  following  business, 

1.  They  shall  determine  the  number  of  schools  which 
shall  be  established  in  their  district  for  the  current  schol- 
astic year,  and  shall  designate  the  same  by  number. 

2.  They  shall  fix  the  location  of  each  school,  the  time 
of  its  opening,  and  the  length  of  the  session,  which  shall 
not,  except  as  Ixareinafter  provided,  be  less  than  twelve 
weeks, 

3.  They  shall  when  they  establish  the  schools  in  their 
township  as  now  provided  by  law,  apportion  to  each 
school  so  established  such  an  amount  of  the  public  school 
revenue  apportioned  to  the  township  for  the  current 
scholastic  year  ^gthey  may  deem  just  and  equitable  and 
for  the  equal  benefit  of  the  children  thereof  between  the 
ages  of  seven  and  twenty-one  years. 

4.  They  shall  determine  the  number,  and  what  child- 
ren shall  be  transferred  from  their  district  to  the  schools 
of  other  districts,  and  to  what  districts  transferred,  dur- 
ing current  the  scholastic  year,  and  shall  set  apart  an 
amount  of  the  money  apportioned  to  their  district  to  pay 
for  such  tranafeJ^lred  children ,  which  shall  be  in  the  pyopOB- 


22 

fton  that  the  number  so  to  be  t?anftferfed,T3ears  to  the  whole 
number  of  children  within  the  educational  age  in  their 
district;  and  if  it  should  be  deemed  impracticable  to 
establish  in  their  district  a  public  school  for  the  children 
of  either  race,  on  aocount  of  the  want  of  a  sufficient 
number  of  such  race  living  within  a  reasonable  distance, 
they  shall  determine  whether  any  of  such  children  can 
be  conveniently  transferred  to  a  public  school  in  another 
district,  and  those  that  can  not  be  transferred,  and  that 
have  actually  attended  some  school  in  this  State  for  the 
time  during  which  the  public  schools  were  kept  open  for 
the  current  scholastic  year,  shall  be  entitled  to  the  bene- 
fits of  the  amount  apportioned  to  their  district;  and  they 
shall  determine  the  amount  to  which  each  of  such  child- 
ren shall  be  entitled,  and  the  same  shall  be  paid  by  the 
the  county  superintendent  of  education  to  the  parent  or 
guardian  of  such  child,  for  which  a  receipt.shall  be  taken 
as  in  case  of  payments  to  teachers. 

[But  no  child  who  has  attended  one  public  school 
shall  be  permitted  to  attend  another  the  same  scholastic 
year  unless  by  the  consent  of  a  majority  of  the  trustees 
of  the  township  in  which  the  school  is  situated,  provided 
the  child  has  attended  the  number  of  days  to  which  it  is 
entitled.— Act  Feb  21, 1893.] 

[Any  person  residing  in  the  State  of  Alabama  who 
shall  pay  a  local  or  special  school  tax  on  real  estate  val- 
ued at  five  hundred  dollars  or  more,  in  any  city  or  town 
or  school  district  of  said  state,  shall  be  entitled  to  the 
privileges  and  benefits  of  the  schools  in  such  cities  or 
towns  or  school  districts,  the  same  ae  those  resident 
therein.— Act  Feb.  14,  1893.] 

5.  Such  other  business  as  may  bo  necessary  to  carry 
out  the  provisions  of  the  law. 

[By  act  approved  February  21,  1893  it  is  provided 
that  in  townships  where  less  than  the  requisite  number 
of  children  of  the  proper  school  age  tvAde  it  shall  be  the- 


23 

duty  of  the  school  trustees  of  such  townships  to  arrange 
for  the  teaching  of  such  children  as  they  deem  proper 
and  just,  subject  to  the  approval  of  the  county  superin- 
tendent of  education,  and  to  pay  for  the  tuition  of  such 
children  in  the  manner  prescribed  by  law,  out  of  the 
school  funds  appropriated  to  such  townships. 

§  969.  Ueport  after  such  meeting. — They  shall,  within 
ten  days  after  such  meeting,  report  to  the  county  super- 
intendent of  education  the  number  and  location  of  the 
schools,  the  names  of  the  teachers  employed,  aird  the 
amount  of  money  apportioned  to  each  school. 

§  970.  Notice  and  duration  of  meeting  ;  effect  of  failure  to 
attend. — ^Such  meeting  shall  be  called  by  posting,  ten 
days  previously  tliereto,  written  notices  of  the  time  and 
place  of  meeting,  and  of  the  business  to  be  transacted 
thereat,  in  not  less  than  three  public  places  in  the  dis- 
trict ;  and  the  township  trustees  shall  have  the  pov/er 
to  continue  the  meeting  from  day  to  day  until  all  the 
business  has  been  transacted,  and  they  may  adjourn  the 
sume  to  a  future  day,  not  exceeding  one  week  ;  and  if 
the  parents  and  guardians  fail  to  attend  such  meeting, 
tlie  township  trustees  sliall,  in  their  absence,  proceed  to 
perform  the  duties  required  of  them. 

§  971.  Appeal  to  county  superintendent,  ivhose  decis- 
ion is  final. — An  appeal  may  be  taken  from  the  decision 
and  action  of  the  township  trustees,  had  and  done  at  the 
time  and  place  of  such  meeting,  to  the  county  superin- 
tendent of  education,  who  shall  notify  tlie  township 
trustees  of  the  appeal,  and  shall  appoint  a  day  on  which 
to  hear  and  determine  the  same,  and  whose  decision 
shall  be  final. 

§  972.  When  but  one  school  in  toucnsHip,  how  located] 
change  of  location. — When  but  one  school  is  established 
in  a  township,  it  shall  be  so  located  as  to  accommodate 
the  largest  number  of  pupils,  and  to  encourage  the  build- 
ing of   a   permanent  school-house  as  near  the  centre  of 


24 

the  township  as  possible,  whenever  it  can  be  done  with- 
out mafcerial  injury  or  inconvenience  to  the  children  with- 
in the  educational  age  ;  but  such  location  may  be  cliang- 
ed  by  the  township  trustees  from  year  to  year,  in  order 
to  provide  for  those  who  were  not  in  reach  of  the  school 
in  previous  years  ;  and  in  the  location  of  public  schools, 
township  trustees  must  have  reference  to  the  population 
and  neighborhood,  paying  due  regard  to  any  school- 
house  already  built,  or  site  procured,  as  well  as  to  all 
other  circumstances  proper  to  be  considered,  so  as  to  pro- 
mote the  interests  of  free  public  education. 
'  §  973,  To  what  regard  must  be  had  in  locating  schools 
and  employing  teachers. — In  locating  public  schools,  and 
employing  teachers,  township  trustees  shall  have  due 
regard  to  such  communities,  as  will  supplement  the  dis- 
trict fund,  and  to  such  teachers  as  will  procure  and  teach 
the  greatest  number  of  pupils  within  the  educational  age; 
the  object  of  this  section  being  to  encourage  the  build- 
ing up  and  maintaining  of  large  schools,  which  shall 
continue  the  longest  term  practicable;  but  in  no  case 
shall  such  communities  and  citizens,  as  are  unable  or 
unwilling  to- supplement  the  district  fund,  be  deprived 
of  the  benefit  of  the  public  schools. 

§  974;  Employing  teachers  and  opening  schools  ;  rides  in 
refer'ence  to. — The  township  trustees  shall,  in  no  case, 
contract  with  teachers,  or  open  schools  until  they  have 
definitely  determined  the  number  and  location  of  the 
schools  in  their  district,  and  the  amount  of  money  each 
school  shall  receive  from  the  amount  apportioned  to 
their  district ;  nor  shall  they  contract  for  a  school  of  less 
than  three  scholastic  months,  or  less  than  ten  pupils 
within  the  educational  age,  if  there  are  more  than  that 
numberof  each  race  within  such  age,  or  more  than  fifty 
pupils  to  each  teacher, 

§  975.  'Execution  of  contracts  ivith  teachers;  contract  for 
transferred  pupils. — All  contracts  with  teachers   shall  be 


26 

in  writing,  and  shall  specify  the  amount  to  be  paid  per 
month  from  the  district  fund,  and  shall  be  executed  in 
duplicate,  one  of  which  shall  be  filed  with  the  county 
superintendent  of  education  for  his  approval  within  ten 
days  after  it  has  been  signed  ;  and  no  such  contract  shall 
be  valid  withouit  his  approval;  and  the  township  trustees 
shall  also,  in  like  manner,  contract  with  teachers  for 
transferred  pupils. 

§  976.  Jlsits  to  schools. — The  township  trustees  shall 
visit  the  schools  in  their  district  at  least  once  during 
each  scholastic  year. 

§  977.  Removal  of  teachers  ;  payment  for  time  taught. — 
The  township  trustees  may,  for  any  cause  sufficient  in 
their  judgment,  terminate  the  contract  of,  and  remove 
any  teacher ;  but  such  teacher  shall  be  allowed  pay  for 
the  time  he  taught  according  to  the  terms  of  his  con- 
tract. 

§  978.  Register  of  daily  attendance  required  of  teachers. 
— Tlie  township  trustees  shall  require  the  teachers  of 
public  schools  to  keep  a  register  of  the  daily  attendance 
of  the  pupils  in  the  school  tauf^ht  by  them,  and  to  sub- 
mit such  register  to  them  for  their  inspection. 

979.  Enumeration  of  children;  reports  thereof. — The 
township  trustees  must,  during  the  month  of  August  of 
each  odd  year,  make  an  enumeration  of  all  the  children, 
white  and  black,  male  and  female,  within  the  educa- 
tional age,  in  their  district  and  report  the  same,  in  du- 
plicate, to  the  county  superintendent  of  education  by 
the  first  day  of  September  following ;  and  the  county 
superintendent  of  education  shall  make  to  the  Superin- 
tendent of  Education  a  written  report  of  the  several 
enumerations  made  to  him  by  the  township  trustees, 
by  the  fifteenth  day  of  September  of  such  year. 

§  980.  Bonds  when  lands  about  to  be  sold  or  leased. — 
When  any  township  trustees  are  about  to  sell  or  lease 
any  school  lands,  they  must  give   bond  with   sufficient 


26 

sureties,  payable  to  the  State,  in  a  sum  to  be  fixed  by 
the  county  superintendent  of  education,  equal  to  the 
value  of  the  school  lands,  or  the  amount  of  the  school 
funds  of  their  township,  and  with  condition  to  discharge 
their  duties  faithfully  so  long  as  they  may  continue  in 
office,  or  discharge  any  of  the  duties  thereof;  which 
bond  must  be  approved  by  the  county  superintendent  of 
education,  and  by  him  filed  in  his  office. 

§  981.  Report  of  income  for  rent  or  lease  of  school  lands. 
— When  any  portion  'of  the  16th  section  or  other  school 
lands  in  any  township  has  been  rented  or  leased ,  it  shall 
be  the  duty  of  the  township  trustee  to  at  once  report  to 
the  county  superintendent  in  writing  a  description  of 
the  lands,  to  whom  rented  or  leased,  the  time  when  due 
and  how  the  payment  is  secured.  It  shall  be  the  duty 
of  the  county  superintendent  so  soon  as  this  report  is 
received  by  him,  to  file  the  same  in  his  office,  and  to  re- 
port to  the  State  Superintendent  all  the  facts  contained 
in  the  report  of  the  township  trustees.  That  it  shall  be 
the  duty  of  the  township  trustees  when  money  is  paid 
to  them  on  such  rentings  or  leases,  to  at  once  report  the 
amount,  and  on  which  account  paid,  to  the  county  super- 
intendent, whose  duty  it  shall  be  to  report  the  same  to 
the  State  Superintendent,  being  careful  to  give  the  num- 
ber of  the  township  and  range,  and  for  what  year  the 
rental  or  lease  money  was  paid,  in  making  the  appor- 
tionment of  school  funds  for  the  year  following  the  re- 
ceipt of  the  report.  * 

§  982.  Exemption  from  road  and  jury  duty ,  and  poll- 
tux. — Township  trustees  are  exempt  from  road  duty,  jury 
duty  and  poll-tax,  so  long  as  they  shall  continue  in  office 
and  perform  the  duties  thereof;  and  the  certificate  of 
the  county  superintendent  of  education  of  that  fact  shall 
be  evidence  thereof.  [These  exemptions  have  been  held 
void  by  an  opinion  of  the  Attorney  General.] 


CHAPTER  3. 


PUBLIC  SCHOOLS. 


Article  1. — Teachers. 

2. — Educational  board,  and  teachers'  institutes. 
8. — Districts,  pupils  and  scholastic  periods. 

Article  I. 

TEACHERS  OF  PUBLIC  SCHOOLS. 

§  983.  Certificate  of  qualification . — There  shall  be  three 
grades  of  teachers'  certificates,  to  be  known  as  certifi- 
cates of  the  first,  second  and  third  grades,  each  of  which 
must  show  the  branches  in  which  the  holder  has  been  ex- 
amined, and  his  relative  attainments  therein  ;  and  every 
teacher  in  the  public  schools  must  obtain  a  certificate  in 
one  of  such  grades;  but  in  no  case  shall  an  applicant  for 
the  position  of  teacher  receive  a  certificate  who  fails  to  an- 
swer correctly  seventy  per  cent,  of  the  questions  pro- 
pounded by  the  board  of  examiners. 

984.  Examination  of  teachers. — Every  applicant  for  a 
teachers' certificate  must  be  examined  on  the  following 
subjects  :  For  the  third  grade,  in  orthography,  reading, 
penmanship,  practical  arithmetic  through  fractions,  pri- 
mary geography  and  the  elementary  principles  of  physi- 
ology and  hygiene  ;  for  the  second  grade,  on  all  the  fore- 
going subjects,  and  also  in  practical  arithmetic,  history 
of  the  United  States,  English  grammar,  intermediate 
geography  and  elementary  algebra;  for  the  first  grade, 
on  all  the  foregoing  subjects,  and  also  in  higher  algebra, 
natural  philosophy,  geometry  and  the  theory  and  prac- 
tice of  teaching. 


AN  ACT. 

To  provide  for  the  teaching  in  the  public  schools  of  Phy- 
siology and  Hygiene,  with  special  reference  to  the  ef- 
fect of  alcoholic  drinks,  stimulants  and  narcotics  upon 
the  human  system. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Alabama,  That  in  addition  to  the  branches  in  which  in- 
struction is  now  given  in  the  public  schools ,  instruction 
shall  also  be  given  as  to  the  nature  of  alcoholic  drinks 
and  narcotics,  and  special  instruction  as  to  their  effect 
upon  the  human  system,  in  connection  with  the  several 
divisions  of  relative  physiology  and  hygiene,  and  such 
subjects  shall  be  taught  as  regularly  as  other  branches 
are  taught  in  said  schools.  Such  instruction  shall  be 
given  orally  from  a  text  book  in  the  hands  of  a  teacher 
to  the  pupils  who  are  not  able  to  read  ;  and  shall  be  given 
by  the  use  of  text-books  in  the  hands  of  the  pupils  in 
case  of  those  who  are  able  to  read,  and  such  instruction 
shall  be  given  as  aforesaid  to  all  pupils  in  all  public 
schools  in  the  state  to  all  the  grades  until  completed  in 
the  high  schools. 

Sec.  2.  Be  it  further  enacted,  That  no  certificate  shall 
be  granted  hereafter  to  any  new  applicant  to  teach  in 
the  public  schools  of  Alabama,  who  has  not  passed  a 
satisfactory  examination  in  the  study  of  the  nature  of 
alcoholic  drinks  and  narcotics,  and  of  their  efi'ects  upon 
the  human  system,  in  connection  with  the  several  divi- 
sions of  the  subject  of  physiology  and  hygiene.  (Act 
took  effect  Sept.  20,  1891.) 

§  985.  How  long  certificates  are  valid. — A  third  grade 
certificate  shall  be  valid  for  one  year ;  a  second  grade 
-certificate,  for  two  years;  and  a   first   grade   certificate, 


29 

for  thiee  years,  ia  the  county  in  which  the  same  i» 
issued. 

§  986.  Register  kept  by  teacher  and  submitted. — Every 
teacher  of  a  public  school  must  keep  a  register  of  the 
actual  daily  attendance  of  the  pupils  in  his  school,  and 
must  submit  such  register  to  the  township  trustees  for 
their  inspection. 

§  987.  Quarterly  report ;  not  entitled  to  compensation  until 
fortvarded. — Every  teacher  of  a  public  school  must,  with- 
in five  days  after  the  end  of  each  scholastic  quarter,  for- 
ward to  the  county  superintendent  of  education  a  com- 
plete report,  setting  forth  the  enrollment,  attendance, 
number  of  transferred  pupils,  and  from  what  township 
transferred,  the  branches  taught,  and  the  number  of 
pupils  in  each,  distinguishing  between  male  and  female^ 
and  stating  whether  a  white  or  colored  school ;  also 
the  monthly  pay  from  school  revenue  from  the  townships 
in  which  the  school  is  located,  and  from  transferred  pu- 
pils, stating  township  and  range  from  which  they  are 
transferred  ;  also  the  number  of  days  taught,  the  amount 
due  for  services  from  school  revenues  of  the  township, 
the  number  of  visits  by  township  trustees,  and  the  name 
and  post  office  of  the  teacher  ;  and  such  report  must  be 
sworn  to  by  the  teacher  before  the  township  trustees, 
and  approved  by  th4m  ;  and  no  teacher  can  draw  any 
pay  for  services  rendered  by  him  until  he  has  forwarded 
his  report  in  accordance  with  the  requirements  of  this 
section. 

§  988.  To  be  paid  quarterly. — The  teachers  of  public 
schools  shall  be  paid  quarterly,  on  the  first  Saturdays 
in  January,  April,  July  and  October,  or  as  soon  thereaf- 
ter as  practicable. 


Abticle  II. 

EDUCATIONAL  BOARD  AND  TEACHERS'  INSTITUTES. 

§  989.  Educational  board  ;  how  constituted;  power  to  Jill 
vacancies. — There  shall  be  established  in  each  county  of 
the  State  an  educational  board,  composed  of  the  county- 
superintendent  of  education,  who  shall  be  the  president 
thereof,  and  of  two  teachers,  either  in  private  or  public 
schools  of  the  county,  who  shall  be  appointed  by  such 
superintendent  at  the  beginning  of  each  scholastic  year, 
or  as  soon  thereafter  as  practicable,  and  who  shall  hold 
oJEce  during  the  current  scholastic  year,  and  one  of  whom 
shall  be  appointed  secretary;  and  a  majority  of  the 
board  shall  be  necessary  for  the  transaction  of  any  busi- 
ness. The  county  superintendent  of  education  shall  have 
power  to  fill  all  vacancies  that  may  occur  in  such  board. 

§  990.  Meetings  of  board. — Such  board  shall  meet  quar- 
terly at  such  times  and  places  as  they  may  designate; 
but  may  meet  oftener  when  deemed  advisable  by  them. 

§  991.  Examination  of  applicants ;  effect  of  diploma. 
Applicants  for  license  to  teach  in  the  public  schools  of 
the  county  must  be  examined  by  such  board,  and  the 
questions  and'answers  in  such  examination  must  be  in 
writing,  and^^must  be  preserved  by  the  board  for  one 
year,  open  to  inspection  ;  and  when  an  applicant  is  found 
duly  qualified,  and  is  of  good  moral  character,  he  must, 
on  the  payment  of  a  fee  of  one  dollar,  which  shall  be 
divided  between  the  two  members  of  the  board  appoint- 
ed by,  and  acting  with  the  county  superintendent  of  edu- 
cation, receive  a  license  to  teach  in  the  public  schools  of 
the  county,  which  must  be  signed  by  the  president  and 
secretary  of  the  board  ;  but  a  diploma  from  any  chartered 
institution  of  learning  will  entitle  the  applicant  to  such 


31 

a  license  without  examination,  on  proof  of  good  moral 

character,  and  payment  of  the  license  fee. 

Note. — Graduates  of  State  normal  schools,  holding  diplomas,  signed 
by  the  State  Superintendent,  are  exempt  from  examination  or  pay- 
ment of  the  fefe  of  one  dollar  and  are,  by  terms  of  the  law  establish- 
ing our  normal  schools,  "entitled  to  teach  anywhere  in  the  State 
without  further  examination." 

§  992.  Register  of  licenses  kept ;  cancellation  noted  there- 
071. — A  register  of  all  licenses  issued  by  the  board  shall 
be  kept  by  them  ;  and  whenever  any  license  shall  be  can- 
celled, that  fact  shall  be  noted  on  such  register,  together 
with  the  cause  of  such  cancellation. 

§  993.  Cause  for  cancellation  of  license. — Whenever 
it  shall  appear  to  the  board  that  any  teacher  to  whom 
a  license  has  been  issued  has  been  guilty  of  intemper- 
ance, or  of  unworthy  or  disgraceful  conduct,  his  license 
shall  be  cancelled,  and  his  name  stricken  from  the  regis- 
tered list  of  teachers  'by  the  board . 

§  994.  Examination,  license  and  register  necessary . — No 
teacher  shall  be  employed  in  any  of  the  public  schools 
of  any  county  in  this  State,  or  receive  any  of  the  school 
funds,  unless  he  has  been  so  examined,  has  received  such 
license,  and  the  same  has  been  so  registered  in  the  county. 

§  995.  Teachers'  institute  to  be  organized. — It  shall  be 
the  duty  of  the  board  of  education  in  each  county  to 
organize  and  maintain  therein  teachers'  institutes,  one 
for  teachers  who  are  white  persons,  and  one  for  teachers 
who  are  colored  persons,  to  be  held  at  such  times  and 
places  as  the  board  may  prescribe  ;  but  there  shall  not 
be  less  than  ten  licensed  teachers  in  the  county  of  the 
race  for  whom  such  institutes  shall  be  organized. 

§  996.  Officers  and  members  of  institutes  ;  no  fee  imposed 
IV ithout  consent. — The  county  superintendent  of  educa- 
tion shall  be  the  president  of  such  institutes ,  and  the  mem- 
bers of  the  educational  board  shall  be  the  vice-presidents 
thereof,  one  of  whom  shall  preside  over  its  meetings  in 
the  absence  of  its  president;  the   other  officers   thereof 


32 

may  be  elected.  Every  teacher  of  the  county  holding  a 
license  shall  be  a  member  of  the  institute  organized  for 
his  race.  But  no  fee  or  assessment  shall  be  imposed  on 
a  member  without  his  consent.  ■ 

§997.  Meetings  of  institutes. — There  shall  not  be  less 
than  three  meetings  in  each  year  of  such  institutes,  one 
of  which  shall  be  held  in  the  month  of  September,  and  at 
this  meeting  an  address  to  the  teachers  shall  be  made  by 
some  person  selected  by  the  educational  board ;  and 
teachers  holding  licenses  shall  attend  at  least  one  of  such 
meetings. 

§  998.  Business  of  the  institutes. — The  meetings  of  the 
institutes  shall  be  devoted  mainly  to  discussions  and 
instructions  in  regard  to  the  methods  of  teaching  and  dis- 
ciplining schools,  and  to  the  text-books  used,  and  other 
matters  connected  with  the  schools  and  school  laws. 


Ai^TXC];-B  III. 

DISTRICTS,  SCHOOLS  AJ!JD   SCHOLASTIC  PERIODS. 

§  999.  School  districts  ;  establishment  and  supervision ; 
capacity  to  hold  property . — Every  township  and  fraction  of 
township,  which  is  divided  by  a  State  or  county  line,  or  a 
any  river,  creek,  or  mountain,  or  other  barrier  rendering 
intei'course  between  the  different  portions  of  the  town- 
ship difficult,  and  every  incorporated  city  or  town  hav- 
ing throe  thousand  inhabitants  or  more,  shall  constitute 
a  separate  school  district;  and  each  of  them  shall  be 
under  a  township  superintendent  as  to  all  matters  con- 
nected with  public  schools.  Each  township,  or  other 
school  district,  in  its  corporate  capacity,  may  hold  real 
and  personal  property ;  and  the  business  of  such  corpor- 


33 

ations,  in  relation  to  public  schools  and  school  lands, 
shall  be  managed  by  the  township  or  district  trustees. 

I  1000.  Pupils  entitled  to  instruction  in  public  schools. 
Every  minor  over  the  age  of  seven  years  shall  be  en- 
titled to  admission  into,  and  instruction  in  any  public 
■chool  of  his   or  her  own  race  or   color   in   this   State. 

[See  §  968  for  limitations  on  this  right.] 

§  1001.  Scholastic  periods . — The  Scholastic  year  shall 
begin  on  the  first  day  of  October  of  each  year,  and  end 
on  the  thirtieth  day  of  September  of  the  following  year ; 
twenty  days  shall  constitute  a  school  month,  and  a 
school  day  shall  be  not  less  than  six  hours. 

§  1002.  Public  examinations  and  certificates  to  pupils. 
Public  examinations  must  be  held  in  the  public  schools 
at  least  once  in  every  year  ;  and  when  the  educational 
board  shall  be  satisfied  that  any  pupil  has  become 
thoroughly  educated  in  all  the  branches  of  free  instruc- 
tion in  any  one  of  such  schools,  they  shall  give  to  him  or 
her  a  certificate  to  that  effect. 

§  1003.  Seperate  schools  for  the  two  races. — In  no  case 
shall  it  be  lawful  to  unite  in  one  scnool  children  of  the 
white  and  colored  races. 


CHAPTER  IV. 

APPORTIONMENT    AND     DISBURSEMENT     OF     SCHOOL    FUNDS. 

§  1004.  Certificate  and  apportionment  of  educational 
fund  for  scholastic  year. — On  the  first  day  of  October  of 
each  year,  or  as  soon  thereafter  as  practicable,  the  au- 
ditor shall  certify  to  the  Superintendent  of  Education 
the  amount  of  money  which  has  accrued  and  been  placed 
by  him  to  the  credit  of  the  educational  fund  for  the 
scholastic  year  commencing  on  that  day,  stating  specifi- 
ically  the  amount  derived  from  each  source,  and  any 
unexpended  balance  there  may  be  from  the  appropria- 
tion of  the  previous  year  to  be  carried  forward  ;  and  the 
amount  so  certified  shall  be  apportioned  by  the  Super- 
intendent of  Education,  and  be  drawn  and  disbursed  as 
provided  by  law. 

§  1005.  Contingent  expenses  and  amount  for  normal 
schools  set  apart;  residue  apportioned. — As  soon  as  such 
certificate  is  received  by  the  Superintendent  of  Educa- 
tion, he  shall  set  apart  out  of  the  general  fund  a  sufii- 
cent  amount  to  pay  such  expenses  of  the  department  of 
education  as  are  by  law  payable  out  of  such  fund,  and 
the  amount  necessary  to  cover  the  expenses  of  normal 
schools  ;  and  he  shall  then  apportion  all  the  balance  of 
such  fund,  as  near  as  practicable,  among  the  several 
townships  and  school  districts  in  the  State,  as  herein- 
after provided.  ^ 

§  1006.  Amounts  apportioned  certified  to  auditor ;  no 
warrants  drawn  in  excess ;  balance  unapportioned  certified 
to  treasurer. — As  soon  as  such  amounts  have  been  set 
apart,  and  such  apportionment  has  been  made,  the 
Superintendent  of  Education  shall  certify  to  the  auditor 
the  amount  set  apart  for  each  particular  purpose  or  ap- 
propriation, and  the  total  amount  of  the  apportionment 
to  the  several  school  districts  in  each  county  for  each 


35 

race ;  and  the  auditor  shall  see  that  no  warrants  are 
.drawn  against  the  educational  fund,  for  any  purpose,  for 
any  amount  in  excess  of  the  amounts  so  certified  as  set 
apart  and  apportioned  ;  and  he  shall  certify  to  the  treas- 
urer the  amount  of  the  school  .revenue,  exclusive  of  poll- 
tax,  unapportioned  by  the  Superintendent  of  Education  ; 
and  the  treasurer  shall  set  apart  the  amount  out  of  any 
money  received  from  the  taxes  of  the  current  year,  and 
he  shall  keep  the  same  separate  and  apart  from  all 
other  revenues,  and  shall  not  pay  out  any  of  such 
money  except  upon  warrants  for  school  purposes. 

§  1007.  Interest  on  sixteenth  section  or  other  trust  fund 
first  set  apart;  effect  of  apportionment. — In  making  the 
apportionment  of  school  money  to  the  several  districts, 
the  Superintendent  of  Education  shall  first  set  apart 
to  each  township,  or  other  school  district,  the  amount 
due  from  the  State  thereto  as  interest  on  its  sixteenth 
section  fund,  or  other  trust  fund  held  by  the  State; 
and  all  townships  or  school  districts,  having  an  income 
from  such  source,  or  from  the  lease  or  sale  of  sixteenth 
section  lands,  shall  not  receive  anything  out  of  the  balance 
of  the  educational  fund  to  be  apportioned,  until  all 
other  townships  or  school  districts,  having  no  trust 
fund,  shall  have  received  from  the  general  fund  such 
amount  as  will  give  them  an  equal  per  capita  appor- 
tionment with  the  townships  or  districts  having  such 
income . 

§  1008.  Apportionment;  basis  of,  how  made. — The 
Superintendent  of  Education  shall  apportion  the  edu- 
cational fund  to  the  respective  townships  or  school 
districts,  subject  to  the  provisions  of  the  preceding 
section,  according  to  the  latest  official  returns  of  the 
enumeration  of  school  population  of  the  townships  or 
other  districts,  which  have  been  made  to  his  office ; 
and  he  shall  also  apportion  the  fund  for  each  town- 
ship between   the   races    therein ;  but  when  the  town- 


36* 

ship  trustees  of  any  township  or  district  have  failed 
to  make  and  return  the  census  enumeration  of  their 
township  or  district,  as  required  by  law,  the  Superin- 
tendent of  Education  shall  make  the  apportionment  to 
euch  township  or  district,  according  to  the  best  infor- 
mation he  can  obtain  as  to  the  school  population  of 
such  township  or  district;  but  in  no  event  shall  he, 
in  case  of  such  failure,  estimate  the  school  population 
of  any  such  district  or  township  at  more  than  the 
number  shown  by  the  last  official  report  to  his  office. 
(See  section  950  subdivision  4.) 

§  1009.  Apportiormient  recorded,  and  certified  to  county 
superintendents;  luhen  contracts  for  schools  invalid. — Aa 
soon  as  such  appointment  is  completed,  the  Superin- 
tendent of  Education  shall  have  the  same  recorded  in 
his  office,  in  books  kept  for  that  purpose,  showing  the 
amount  which  has  been  apportioned  to  each  school  dis- 
trict, and  the  source  or  sources  from  which  the  same 
was  derived,  the  amount  to  each  race  in  the  district,  and 
the  number  of  children  of  each  race  in  the  district  upon 
which  the  apportionment  was  based  ;  and  he  shall  then 
furnish  to  each  county  superintendent  of  education  a 
certified  copy  from  such  books,  showing  the  dividends 
of  tbe  educational  fund  to  each  township  or  district  un- 
der the  latter 's  supervision  ;  and  the  amount  so  divided 
and  certified  shall  be  the  total  amount  which  each  of 
such  school  districts  shall  be  entitled  to  receive  from  the 
State,  except  the  poll-tax,  during  the  current  scholastic 
year ;  and  no  contract  to  pay  for  any  school  or  schools, 
for  any  district,  more  than  the  amount  thus  apportioned 
to  it,  together  with  such  poll-tax  as  it  may  receive,  and 
such  funds  as  may  be  in  hand  from  any  previous  year, 
shall  be  valid  against  the  State  or  township. 

§  1012.  Amount  due  each  county  apportioned  and  certi- 
fied to  auditor. — The  Superintendent  of  Education  shall, 
by  the  tenth  day  of  October  in  each  year,  or  as  soon 


S7 

thereafter  as  practicable,  apportion  to  every  county  the 
amount  of  school  money  such  county  will  be  entitled  to 
receive  for  the  scholastic  year,  from  all  sources  except 
from  poll-tax  and  the  special  tax,  if  any ,  levied  for  school 
purposes  in  any  county ;  and  he  shall  certify  the  same 
to  the  auditor. 

PAY     ROLLS . 

(The  following  is  from  Acts  1886-7  and  1888-9.) 

§  1.  That  on  the  15th  days  of  March,  June,  Septem- 
ber and  December  the  county  superintendent  shall  make 
in  duplicate,  for  each  race  separately,  a  pay  roll,  show- 
ing the  names  of  all  teachers  engaged  in  teaching  public 
schools  in  their  counties  with  their  postoffice  address, 
and  the  estimated  amount  that  will  be  due  to  each  teacher 
at  the  end  of  the  current  quarter  from  the  funds  of  each 
township  and  range  in  its  regular  numerical  order;  and 
shall  append  thereto  an  affidavit  that  the  same  is  correct. 
One  of  said  paj^-rolls  shall  bo  retained  by  the  county  su- 
perintendent, and  the  other  he  shall  forthwith  forward 
to  the  Superintendent  of  Education,  who  shall  examine 
the  same,  and  if  found  correct  it  shall  bo  approved  by 
him,  and  filed  with  the  Auditor  of  the  State. 

§  2.  The  Auditor  shall,  immediately  u])on  the  receipt 
of  such  pay  roll,  draw  a  warrant  on  the  State  Treasurer 
in  favor  of  the  county  superintendent  of  each  county  for 
a  sum  which  will  be  equivalent  to  the  amount  estimated 
to  be  due  on  said  pay  roll,  and  two  per  cent,  thereon, 
and  one-quarter  of  the  salary  due  to  the  county  superin- 
tendent of  education,  and  shall  file  said  warrant,  together 
with  the  pay-roll  upon  which  it  is  based,  with  the  State 
Treasurer,  whereupon  it  shall  be  the  duty  of  the  State 
Treasurer  to  forward  by  express  or  exchange,  at  the  ex- 
pense of  the  State,  the  amount  of  such  warrant,  and  the 
pay-roll  and  duplicate  receipts  for  said  sum,  including 


38 

the  express  charge  or  exchange  premium,  if  any.  The' 
county  superintendent  of  education  must  immediately 
upon  receipt  of  said  sum,  sign  the  duplicate  re.ceipts  and 
return  one  to  the  State  Treasurer,  who  shall  attach,  it  to 
the  appropriate  warrant,  and  the  other  shall  be  returned 
to  the  Auditor. 

§  3.  That  immediately  upon  the  receipt  by  the  county 
superintendent  of  the  amount  of  the  quarterly  or  monthly 
pay-roll,  he  shall  pay  the  teachers,  taking  their  receipt 
therefor  on  both  copies  of  said  pay-rolls,  and  must,  by 
the  15th  day  January,  April,  July  and  October,  return 
the  approved  copy  of  said  receipted  pay-roll  to  the  State 
Superintendent  of  Education. 

§  4.  The  Auditor  shall  have  prepared  the  necessary 
blank  pay-rolls,  receipts  and  wari-ants  to  be  used  in  car- 
rying out  the  provisions  of  this  act,  and  shall  from  time 
to  time,  as  experience  requites  it,  prepare  new  blanks  for 
that  purpose,  so  as  to  facilitate  and  effectually  carry  out 
the  intention  of  this  act. 

§  9.  That  in  those  counties  in  the  State  of  Alabama, 
or  separate  school  districts  wherein  the  teachers  are  now 
paid  monthly  by  law,  it  shall  be  the  duty  of  the  county 
superintendent,  or  the  superintendent  of  such  district,  as 
the  case  may  be,  to  make  out  and  forward  to  the  Super- 
intendent of  Education  on  the  2'Oth  day  of  every  month, 
a  pay-roll  as  hereinbefore  provided  for,  and  the  State 
Superintendent  of  Education,  the  Auditor  and  the  State 
Treasurer  shall  each,  severally,  perform  all  the  acts  and 
duties  hereinbefore  required  of  them  so  that  said  teacher 
may  be  paid  monthly. 

§  10.  Upon  the  return  of  any  receipted  pay-roll  to  the 
State  Superintendent  of  Education,  if  it  should  appear 
that  there  is  in  the  hands  of  the  county  superintendent 
any  balance,  the  amount  of  said  balance  shall  be  charged 
to  him  and  shall  be  deducted  from  the  amount  of  the 
next  quarterly  or  monthly  pay-roll. 


39 

5  11.  Any  county  superintendent,  or  any  superinten- 
dent of  a  separate  school  district,  who  fails  to  make  out 
and  forward  any  pay-roll  required  by  this  act,  or  who 
fails  to  sign  and  return  the  receipts  hereinabove  provided, 
or  who  fails  to  pay  the  teachers  within  fifteen  days  after 
the  receipt  by  him  of  the  money,  or  who  fails  to  return 
•aid  receipted  pay-roll  must,  on  conviction,  be  fined  not 
less  than  one  hundred  dollars,  and  must  also  be  removed 
from  office  by  the  superintendent  of  education ,  or  if  he 
has  been  elected  to  such  office,  must  be  suspended  by  the 
Governor  until  he  shall  have  fully  performed  all  of  said 
acts  and  faithfully  discharged  all  of  the  duties  required 
of  him  by  law. 

§  13.  Any  county  superintendent  who  shall  demand, 
receive  or  take  from  any  teacher  any  return ,  commission, 
rebate,  fee  or  gratuity  to  influence  him  in  tlie  perform-' 
ance  of  any  of  his  official  duties,  must,  on  conviction,  be 
fined  not  less  tlian  five  hundred  dollars,  and  may  also  be 
sentenced  to  hard  labor  for  not  less  than  three  months. 
(Approved  Februajy  28,  1887.  Amended  February  28, 
1889.) 

POLL    TAX. 

5  1010.  Poll-tax  received  from  each  county. — Each 
county  shall  receive  as  school  money  all  the  poll-tax  col- 
lected therein  ;  and  the  same  shall  be  its  full  distributive 
share  of  the  aggregate  poll-tax  collected  in  tlie  State. 

§  1011.  Each  township  and  race  entitled  to  itf!  poll-tax; 
report  as  to  such  tax. — Each  township  or  other  school  dis- 
trict is  entitled  to  receive,  for  the  support  of  the  public 
schools  therein,  all  the  poll-tax  raised  in  and  for  such 
township  or  district ;  and  the  county  superintendent  of 
education  of  each  county  shall  see  that  the  amount  of 
poll-tax  paid  by  white  persons  shall  be  applied  exclusively 
to  the  maintenance  of  schools  for  white  pupils,  and  that 


40 

paid  by  colored  persons  exclusively  for  the  maintenance 
of  schools  for  colored  pupils,  and  in  his  annual  reports, 
he  must  show  how  much  poll-tax  he  has  received  since 
his  last  report  for  each  race  in  each  township  or  district 
of  his  county. 

(The  following  from  Acts  1886-7  and  1888-9.) 

§  5.  The  money  which  has  heretofore  been  paid  by 
the  tax  collector  to  the  county  and  city  superintendents 
including  poll-tax  must  be  paid  into  the  State  Treasury 
by  the  tax  collectors  monthly  as  the  same  is  collected  by 
him,  in  the  same  manner  as  other  taxes  are  collected  and 
paid  in ;  that  tax  collectors  shall  at  the  end  of  each 
month,  before  paying  the  poll-tax  into  the  State  treas- 
ury, deduct  the  commissions  allowed  by  law  for  assessing 
and  collecting,  from  the  amount  collected  from  each  race 
in  each  township  and  range,  and  separate  school  districts, 
and  make  a  report  in  duplicate,  showing  the  net  amount 
due  to  each  race  in  each  township  or  separate  school  dis- 
trict. One  of  which  reports  he  shall  furnish  to  the 
county  superintendent,  and  the  other  he  shall  forward 
to  the  State  Superintendent  of  Education. 

§  6.  Any  assessor  who  fails  to  designate  on  the  assess- 
ment list  the  number  of  the  township  in  which  each  poll 
tax  payer  lives,  or  any  collector  who  fails  to  report  to 
the  Superintendent  of  Education  the  amount  of  poll  tax 
collected  by  him  from  each  township  must,  on  conviction, 
be  fined  not  less  than  one  hundred  dollars. 

§  1.  Hereafter  the  amount  of  poll  tax  paid  into  the 
State  treasury  to  the  credit  of  the  school  fund  of  either 
race  in  any  township  or  other  school  district  during  each 
year,  shall  be  the  amount  of  poll  tax  that  may  be  contract- 
edand  used  for  school  purposes  the  following  year  ;  Pro- 
vided, That  no  contract  for  the  payment  of  any  poll  tax 
for  services  rendered  the  first  quarter  of  the  school  year 


41 

shall  be  valid,  and  the  Auditor  shall  not  draw  his  war- 
rant for  any  school  funds  derived  from  poll  taxes  for 
for  the  payment  of  teachers  for  services  rendered  during 
the  final  quarter  of  the  school  year. 

Note. — The  foregoing  section  was  approved  February  28th,  1889. 
The  Attorney-General  holds,  however,  that  no  poll  tax  in  excess  of 
the  amount  actually  in  the  State  treasury  to  the  credit  of  a  county, 
<5an  be  legally  paid  out  under  this  act. 

LOCAL   AND   OTHER   PROVISIONS. 

§  1016.  Apportionment  and  expenditure  of  local  school 
money, — All  local  school  funds,  raised  for  the  support  of 
public  schools,  by  taxation  or  otherwise,  shall  bo  appor- 
tioned and  expended  in  the  district  or  districts  in  and 
for  which  the  same  were  raised,  under  such  rules  and 
regulations  as  the  township  trustees,  or  other  local  au- 
thority provided  by  law,  may  prescribe  ;  but  this  section 
shall  not  be  construed  to  repeal  any  provision  for  the  ap- 
portionment and  disbursement  of  the  moneys  mentioned 
in  this  chapter,  or  provided  for  in  special  or  local  laws  ; 
and  all  funds  contributed  by  private  parties,  or  other- 
wise, to  such  district  shall  be  applied  as  indicated  in  the 
grant  from  such  coatributors ;  and  no  school  moneys 
distributed  to  the  various  counties  from  the  State  school 
revenue,  shall,  either  directly  or  indirectly,  be  paid  for 
the  erection  of  school-houses,  the  use  of  school-room 
funiture,  or  any  other  contingent  expenses  of  schools. 

§  1017.  Apportionment  of  income  from  trust  fund  when 
township  divided. — Whenever  a  township,  which  has  an 
income  from  a  trust  fund,  is  divided  by  a  State  or  county 
line,  or  otherwise,  into  separate  districts,  or  includes  a 
city  which  is  a  separate  school  district,  such  income 
must  be  divided  between,  and  apportioned  to  each  school 
■district  in  such  township  according  to  the  school  popu- 
lation of  each. 

§  10 IS.     Funds   unused  for    two    years  apportioned    by 


42 

county  superintendent. — The  county  superintendent  of 
education  shall,  in  the  same  manner  as  the  Superintend- 
ent of  Education  is  required  to  apportion  the  general 
school  fund,  apportion  among  the  school  districts  under 
his  supervision  all  funds  received  by  him  for  any  partic-* 
ular  school  district  or  race,  which  have  remained  un- 
used by  such  district  or  race  for  two  years  ;  and  he  shall 
make  report  of  such  apportionment  to  the  Superintend- 
ent of  Education  as  soon  thereafter  as  practicable. 

§1019.  Fund  once  apportioned ,  not  used  for  other  pur- 
poses until  re-apportioned. — Funds  which  have  accrued 
and  have  been  apportioned  to  any  district  or  race,  shall 
not  be  used  for  the  benefit  of  any  other  district  or  race, 
until  the  same  shall  have  reverted  to  the  general  fund , 
and  been  re-apportioned  under  the  provisions  of  the  last 
preceding  section. 

§  1020.  What  part  of  income  new  districts  are  entitled 
to. — Whenever  any  separate  school  district  is  created, 
which  shall  embrace  parts  of  two  or  more  tovrnships, 
such  district  shall  receive  its  proportionate  share  of  the 
income  from  any  trust  fund  belonging  to  either  or  both 
of  such  townships,  according  to  its  school  population. 

§  1021.  Contingent  fund  for  department  of  education. 
The  State  treasurer  shall  annually  set  apart,  out  of  any 
money  in  the  treasury  not  otherwise  appropriated,  the 
gum  of  one  thousand  dollars,  as  a  contingent  fund  for 
the  department  of  education  ;  and  whenever  it  shall  be- 
come necessary  to  draw  on  such  fund  the  Superintendent 
of  education  shall  certify  the  amount  necessary,  and  for 
what  purpose,  to  the  auditor,  who  shall  draw  his  war- 
rant on  the  treasurer  for  such  amount.  The  superin- 
tendent of  Education  shall  keep  an  accurate  account  of 
all  sums  which  he  shall  certify  to  be  paid  out  of  such 
contingent  fund,  and  shall  furnish  an  itemized  statement 
thereof  to  the  Governor  each  year,  with  his  annual  re- 
port. 


43 

§  1022.  Unexpended  part  of  such  fund  credited  to  next 
year. — At  the  close  of  each  scholastic  year,  any  part  of 
the  appropriation  for  the  educational  continguent  fund, 
which  may  not  then  be  expended,  shall  be  carried  forward 
by  the  Auditor  and  Saperintendeut  of  Education,  and 
placed  to  the  credit  of,  and  become  a  part  of  the  one 
thousand  dollars  appropriated  for  the  educational  con- 
tingent fund  of  the  next  suceeding  year. 


CHAPTER  V. 

SCHOOL  LANDS. 


Article  1. — What  constitutes  school  lands  ;  incorporation  of  townships. 
2. — Lease  of  school  lands. 
3, — Sale  of  school  lands. 

Article  I. 

WHAT   CONSTITUTES  SCHOOL  LAND  ;  INCORPORATION  OP 
TOWNSHIPS. 

§  1023  (962) .  What  are  school  lands,  and  in  whom  vest- 
ed.— School  lands,  within  the  meaning  of  this  Code,  are 
sections  numbered  sixteen,  in  every  township,  granted 
by  the  United  States  for  the  use  of  schools;  and  all  school 
lands  are  vested  in  the  State,  in  trust  to  execute  the  ob- 
jects of  the  grant. 

Long  V.  Brown,  4  Ala.  622;  Yerby  v.  Sexton,  48  Ala.  311. 

§  1024  (9G3)  .  Incorporation  of  Toirnships. — The  inhabi- 
tants of  each  township  in  the  State  are  incorporated  by 
the  name  of  Township ,  in  range ,  accord- 
ing to  the  number  of  the  surveys  of  the   United  States. 


44 

Article  II. 

LEASE  OF  SCHOOL  LANDS. 

§  1025  (967) .  Timber  lots  reserved. — The  township  trus- 
tees, after  the  surveys  and  plats  provided  for  in  the  next 
succeeding  article  of  this  chapter,  may  select  such  lots 
as  they  think  proper,  to  reserve  from  cultivation  for  the 
benefit  of  the  timber  thereon ,  and  must  mark  the  same 
"reserved"  on  the  plat  thereof. 

§  1026  (968).  Other  lands  leased;  terms  of  lease. — The 
township  trustees  may  lease,  for  not  exceeding  five  years, 
the  lots  so  laid  out  and  not  reserved,  and  may  stipulate 
for  such  improvements  as  they  may  deem  expedient, 
and  may  require,  if  they  think  proper,  security  for  rents 
and  improvements;  the  rent  is  to  be  paid  annually,  but 
in  case  of  improvements,  they  may  stipulate  for  the  rent 
to  commence  after  the  commencement  of  the  lease. 

Note. — As  to  reports  required  of  township  Trustees,  see  §  981. 

§  1027  (969).  Rent  payable  to  the  toivnship. — All  notes, 
bonds  and  contracts  for  the  lease  of  school  lands  are  to 
be  made  payable  to  the  township  by  its  corporate  name. 

§  1028  (970) .  Lands  rented  at  public  auction;  notice — 
All  school  lands  must  be  leased,  at  some  place  in  the 
township,  at  public  auction;  and  at  least  six  weeks 
previous  notice  shall  be  given  by  advertisement  at  three 
public  places  in  the  township,  designating  the  time  and 
place  ;  and  such  other  notice  may  be  given  as  the  town- 
ship trustees  may  deem  expedient. 

§  1029  (971).  Duties  of  lessee. — The  lessee  is  bound  to 
treat  the  land,  houses  and  improvements  in  a  careful 
and  husbandlike  manner ;  to  commit  no  waste  ;  and  he 
must  comply  with  such  further  restrictions  as  the  town- 
ship trustees  may  deem  expedient  to  insert  in  the  lease  ; 
and  if  such  lessee  or  any  person  claiming  under  him, 
commits  waste,  or  fails  to  comply  with  any  other   stipu- 


45 

lation  in  the  lease,  the  township  trustees  have  the  right 
to  declare  the  lease  forfeited. 

§  1030.  (972) .  Timber  lois  ;  how  used. — The  lots  reserv- 
ed for  timber  are  for  the  common  benefit  of  the  lessees  of 
the  other  lots  ;  but  no  timber  must  be  cut  down,  injured, 
or  dpstroyed,  as  long  as  th^re  ip  pnff?oiprt  on  other  lots, 
which  the  township  trustees  are  to  determine  ;  and  the 
lessees  must  in  no  case,  cut  down,  injure,  or  destroy 
such  timber  without  permission  of  the  township  trustees 
which  may  be  given  on  such  terms  as  they  may  think 
proper,  having  a  due  regard  to  the  interests  of  the  town- 
ship . 

§  1061  (973).  Penalty  for  injury  to  timber. — Any  per- 
son who,  without  authority,  cuts  down,  injures,  or  des- 
troys any  tree  on  school  lands,  shall  forfeift  and  pay  for 
every  such  tree  ten  dollars,  to  be  recovered  before  any 
court  having  jurisdiction,  in  the  corporate  name  of  the 
township. 

§  1032  (974) .  Fines  paid  into  the  treasury  for  school 
fund. — All  fines  and  forfeitures  under  the  preceeding  sec- 
tion shall  be  paid  into  the  State  treasury,  and  added  to 
the  principal  of  the  school  fund  of  the  township. 

Aeticle  III. 

SALE    OF    SCHOOL   LANDS. 

§  1033  (975) .  Election  as  to  sale  of  school  lands. — The 
township  trustees  of  any  township  may,  on  giving  twenty 
days'  notice  by  advertisement  at  three  of  the  most  pub- 
lic places  therein,  hold  an  election  to  ascertain  the  sense 
of  the  township  respecting  the  sale  of  school  lands  be- 
longing thereto,  and  may  appoint  the  place  where  such 
election  is  to  be  held,  and  three  inspectors  to  manage  the 
same. 

Tankersly  v.  State  Bank  5  Ala.  277. 


46 

§  1034  (976).  Oaths  of  inspectors  of  election. — The  in- 
spectors, before  such  election,  must  take  an  oath  to  con- 
duct the  same  fairly,  which  may  be  administered  by  one 
to  the  other  i^and  they  may  appoint  clerks. 

§  1035  (977).  Absence  of  inspectors. — If  any  inspectors 
are  absent,  those  present  may  supply  their  places,  and 
if  none  attend,  any  three  freeholders  or  householders  of 
the  township  may  act. 

§  1036  (978).  Polls.— The  polls  are  to  be  open  at 
eleven  in  the  morning  and  close  at  five  in  the  afternoon. 

§  1037  (979).  Manner  of  voting. — The  voters  must 
write  upon  their  tickets  "sale"  or  "no  sale,"  and  de- 
posit them  in  the  ballot  box;  and  the  inspectors,  after 
ascertaining  the  result,  must  certify  the  same  to  the 
township  trustees. 

§  1038  (980) .  If  majority  for  sale,  survey  made  and  min- 
imum price  fixed. — If,  on  such  election,  there  is  a  majori- 
ty of  the  voters  of  the  township,  over  the  age  of  twenty- 
one  years,  voting  thereat  in  favor  of  a  sale,  the  town- 
ship trustees  are  to  have  the  lands  surveyed  in  lots  so  as 
to  command  the  higl^est  price,  have  a  plat  of  such  sur- 
vey made,  and,  being  sworn  fairly  to  value  such  lots,  to 
fix  a  minimum  price  upon  each. 

§  1039J(981).  Plat  to  be  kept  free  to  inspection. — Such 
plat,  with  the  minimum  price  marked  upon  each  lot,  is 
to  be  kept  by  the  township  trustees  free  to  the  inspection 
of  all  persons  desiring  to  examine  the  same. 

§  1040J(882).  Notice  of  sale. — As  soon  as  the  lands  are 
surveyed,  the  township  trustees  must  give  thirty  days' 
notice  of  the  time  and  place  of  sale,  by  advertisement  at 
three  public^places  in  the  township,  and  in  such  other 
mode  as  they^may  think  proper. 

§  1041  (983) .  Sale  at  public  auction;  terms  of  sale. — On 
the  day  'appointed  for  the  sale,  between  the  hours  of 
eleven  in  the  morning  and  two  in  the  afternoon,  each  lot 
must  be  offered  separately,  and  sold  at  public  auction  to 


47 

the  highest  bidder  at  or  above  the  minimum  price.  If 
such  minimum  price  is  fifty  dollars,  or  under,  the  sale 
must  be  for  cash  ;  if  the  minimum  price  is  over  fifty  dol- 
lars, but  not  more  than  one  hundred  and  fifty  dollars,  the 
sale  must  be  on  a  credit  of  one  year,  unless  the  amount 
bid  for  the  lands  should  exceed  one  hundred  and  fifty 
dollars,  in  which  event  the  sale  must  be  on  a  credit  of 
one  and  two  years,  in  equal  annual  installments  ;  if  the 
minimum  price,  or  the  amount  bid  for  the  lands,  is  one 
hundred  and  fifty  dollars,  or  over,  but  less  than  three 
hundred  dollars,  the  sale  must  be  on  a  credit  of  one  and 
two  years,  in  equal  annual  installments  ;  if  the  minimum 
price,  or  the  amount  bid  for  the  lands,  is  over  three  hun- 
dred dollars  but  less  than  five  hundred  dollars ,  the  sale 
must  be  on  a  credit  of  one,  two,  and  three  years,  in  equal 
annual  installments  ;  and  if  the  minimum  price,  or  the 
amount  bid  for  the  lands,  is  five  hundred  dollars,  or 
more,  the  sale  must  be  on  a  credit  of  one,  two,  three  and 
four  years,  in  equal  annual  installments  ;  when  the  sale 
is  on  a  credit,  the  purchaser  must  give  his  notes,  with 
two  or  more  sureties,  approved  by  the  township  trustees, 
payable  to  the  State  of  Alabama,  for  the  use  of  the  town- 
ship, designating  it  by  its  number  and  range,  and  speci- 
fying, by  the  legal  subdivisions,  the  particular  portions 
of  the  section  for  which  the  notes  are  given.  All  notes 
for  purchase  of  school  lands,  sold  under  the  provisions  of 
this  article,  must  bear  interest  at  the  rate  of  eight  per 
cent,  per  annum  from  date. 

§  1042  (984) .  Provisions  directory. — The  provisions  of 
this  article,  in  relation  to  the  sale  of  school  lands,  must 
be  construed  as  directory  only. 

§  1043  (985) .  Report  of  sale;  disposition  of  purchase 
money  and  notes. — The  township  trustees,  within  twenty 
days  after  such  sale,  must  make  return  thereof  to  the 
Superintendent  of  Education,  specifying  the  date  of  the 
sale,  the  names  of  the  purchasers,  the  quantity  and  a 


48 

particular  description  of  the  land  sold  to  each,  the  pric& 
paid,  or  to  be  paid,  by  each  purchaser,  and  the  amount 
of  the  purchase  money  retained  to  defray  the  expense* 
of  the  survey  and  sale;  and  they  must,  at  the  same  time,, 
pay  over  to  the  Superintendent  of  Education  all  the 
money  which  may  have  been  received  by  them  as  pur- 
chase money  for  such  lands,  after  deducting  such  amount 
as  they  may  be  allowed  by  law  to  retain  to  defray  the  ex- 
penses of  the  survey  and  sale  ;  and  also,  at  the  same  time, 
turn  over  to  the  Superintendent  of  Education  all  notes 
which  may  have  been  taken  by  them  for  such  lands;  and 
the  Superintendent  of  Education  must  give  them  a  re- 
ceipt for  such  money  and  notes,  and  file  the  return  and 
notes  in  his  office,  and  make  proper  record  of  the  notes. 
§  1044  (986).  Resale  of  lands. — If  any  purchaser  fails 
to  make  the  payment,  or  give  his  notes  with  approved 
sureties,  as  required,  the  land  bid  off  by  him  must  be  im- 
mediately resold,  if  practicable,  but  if  it  is  not  practica- 
ble to  make  the  resale  at  once,  it  must  be  advertised  and 
resold  at  a  future  day,  as  if  no  sale  had  been  made  ;  and 
the  first  purchaser  shall  be  responsible  for  the  difference 
between  his  bid  and  the  amount  for  which  the  land  is 
subsequently  sold,  if  such  amount  is  less  than  the  bid  of 
such  first  purchaser. 

Commissioners  v.  Aiken,  5  Port.  160. 

§  1045  (987).  Certificate  of  purchase. — The  township 
trustees,  on  receiving  from  the  purchaser  the  cash  pay- 
ment, and  his  notes  for  the  deferred  payments,  must 
give  to  him  a  certificate  of  purchase,  describing  the  land 
purchased,  and  showing  the  number  of  acres,  and  the 
amount  of  the  purchase  money. 

Tankersly  v.  State  Bank,  5  Ala.  277. 

§  1046  (988) .  Effect  of  certificate  of  purchaser. — Such 
certificate  conveys  to  the  purchaser,  his  heirs,  or  assigns, 


49 

a  conditional  estate  in  fee,  to  become  absolute  on  the 
payment  of  the  purchase  money  and  interest,  and  to  re- 
vert to  the  State  for  the  uses  originally  granted  in  the 
following  cases : 

1.  When  all  the  notes  have  become  due,  and  the 
makers  have  left  the  State  or  died  insolvent. 

2.  When  a  recovery  on  such  notes  is  defeated  by  any 
defense  avoiding  the  contract  of  sale. 

3.  When  a  recovery  is  had  against  all  the  makers,  and 
execution  has  been  returned  "no  property' '  by  the  proper 
officers  of  the  county  in  which  the  township  lies  ;  or 
when  judgment  is  had,  and  execution  returned  against 
any  one  or  more  of  such  makers  "no  property,"  and  the 
others  have  left  the  State,  or  died  insolvent. 

§  1047  (989) .  Revesting  of  title;  clerk  to  certify  facts; 
penalty  for  failure;  costs. — No  proceeding  is  necessary  to 
revest  the  title  in  the  ^tate  on  the  happening  of  the 
events  specified  in  the  preceding  section,  but  such  lands 
may  be  recovered  in  the  name  of  the  State,  for  the  use  of 
the  township,  against  any  person  in  possession  of  the 
same,  upon  proof  of  the  facts;  and  it  is  the  duty  of  the 
clerk  of  the  court  in  which  the  suit  was  pending,  or  the 
judgment  recovered,  to  certify  the  facts  to  the  Superin- 
tendent of  Education,  on  the  happening  of  the  events 
specified  in  the  second  and  third  subdivisions  of  the  pre- 
ceding section,  and  failing  to  do  so  within  a  reasonable 
time,  he  forfeits  the  sum  of  one  hundred  dollars  ;  one-half 
to  the  person  suing  for  the  same,  and  the  other  to  the 
State  for  the  use  of  the  township.  When  no  money  is 
recovered  in  suits  on  notes  for  purchase  money  of  school 
lands,  no  costs  must  be  taxed  against  the  township  for 
such  suits. 

§  1048  (990) .  Compensation  to  township  trustees; penalty 
for  such  defaults. — For  holding  the  election  and  making 
the  sale,  as  provided  in  this  article,  the  township  trus- 
4 


50 

tees  shall  be  entitled  to  two  dollars,  which,  together  with 
the  amount  which  may  be  allowed  by  law  to  the  county 
surveyor  for  making  the  surveys  and  plats  herein  pro- 
vided for,  shall  be  retained  by  them  out  of  the  purchase 
money  for  the  lands;  and  purchasers  shall,  in  all  cases, 
pay  enough  cash  to  defray  such  expenses;  and  if  the  town- 
ship trustees  fail  to  return  the  sale,  or  purchase  money 
notes,  or  to  pay  over  the  money  received  on  account  of 
purchase  money,  to  the  Superintendent  of  Education,  as 
required  by  law,  they  shall  forfeit  one  hundred  dollars, 
one-half  to  the  person  suing  for  the  same,  and  the  other 
to  the  State  for  the.  use  of  the  township  ;  and  on  the  trial 
the  certificate  of  the  superintendent  as  to  such  failure  is 
presumptive  evidence  thereof. 

§  1049  (991) .  Fines  go  to  school  fund. — The  amount 
received  by  the  State  upon  recoveries,  had  under  the 
last  two  preceding  sections,  is^to  be  added  to  the  princi- 
pal of  the  school  fund  of  the  township. 

§  1050  (992) .  Patent. — A  patent  issues,  on  the  pay- 
ment of  the  purchase  money,  to  the  purchaser,  his  heirs, 
or  assigns  ;  and  when  the  patent  is  to  the  heirs,  it  vests 
a  title  in  all  persons  entitled  to  claim  in  that  capacity 
under  the  provisions  of  this  Code. 

§  1051  (993,996).  Issue  of  patent  by  Secretary  of  State; 
correction  of  mistake. — The  Secretary  of  State  must  issue 
patents  upon  satisfactory  evidence  furnished  him  of  full 
payment  of  purchase  money,  to  any  person,  agent,  or 
officer,  legally  authorized  to  receive  such  payment ;  and 
upon  a  proof  of  a  mistake  in  the  issue  of  any  patent, 
he  must  correct  the  same,  or  issue  a  new  patent  on  the 
return  of  the  original  to  his  office. 

§  1052  (995) .  Issue  of  patents  in  other  cases. — Ex- 
cept under  the  provisions  of  the  preceding  section,  no 
patent  must  issue  without  the  certificate  of  the  Super- 
intendent of  Education,  that  the  whole  amount  of  the 


51 

purchase  money,  specified  in  the  certificate,  with  a  11 
interest  thereon,  has  been  paid. 

§  1053  (998).  Collection  of  past  due  notes. — All  notes 
for  school  lands  deposited  with  the  Superintendent  of 
Education,  if  not  paid  within  six  months  after  matu- 
rity, must  be  placed  with  the  Attorney-General  for  col- 
lection ;  but  this  section  shall  not  be  so  construed  as  to 
prevent  the  Superintendent  of  Education  from  order- 
ing suit  on  notes  at  any  time  after  maturity,  when  so 
ordered  by  the  township  trustees,  or  the  sureties  on  the 
notes. 

§  1054  (999) .  Appointment  of  agents  for  collection  of 
notes. — The  Attorney-General  may  appoint  agents  for 
the  collection  of  such  notes,  being  responsible  for  any 
neglect  on  the  part  of  such  agents. 

§  1055  (1000) .  Townships  credited  with  collections  on 
notes. — All  collections  on  notes  given  for  the  sale  of 
school  lands  must  be  paid  into  the  treasury  of  the 
State,  to  the  credit  of  the  proper  township. 

§  1056  (1001) .  Investment  of  sixteenth  section  fund. — 
All  money  arising  from  the  sale  of  sixteenth  sections 
shall  be  vested  in  bonds  of  this  State,  or  other  safe 
securities,  bearing  interest  at  a  rate  not  less  than*  eight 
per  cent. 

§  1057.  Duties  as  to  lands ,  ivhen  township  divided ;  by 
whom  performed. — When  a  township  is  divided  into  two 
or  more  school  district,  the  county  superintendent  of 
education,  in  appointing  township  or  district  trustees  in 
such  township,  shall  designate  which  of  them  shall  dis- 
charge the  duties,  and  exercise  the  powers  conferred 
upon  township  trustees  touching  tlie  leasing,  selling  and 
control  of  school  lands  in  such  township. 


Article  IV. 

An  Act 

To  authorize  the  compromise  and  settlement  of  claims 
for  school  lands  in  this  State. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Alabama,  That  it  shall  be  the  duty  of  the  county  super- 
intendents of  education  of  the  various  counties  in  this 
State,  as  soon  as  practicable  after  the  passage  of  this 
act,  to  investigate  all  claims  held  by  the  State  for 
school  lands  in  their  respective  counties,  by  taking  the 
evidence  of  parties  claiming  said  lands,  and  of  persons 
who  may  be  acquainted  with  material  facts  connected 
with  such  claims,  by  deposition,  affidavit  or  otherwise, 
so  as  to  ascertain  as  nearly  as  possible  what  amount, 
if  any,  has  been  paid  for  land,  when  and  to  whom  paid, 
the  amount  still  due  the  State,  a  description  of  the  lands 
and  their  present  value.  It  shall  also  be  their  duty  to 
report  in  writing  to  the  Superintendent  of  Education 
all  the  facts  and  circumstances  attending  each  particu- 
lar claim,  together  with  recommendation  as  may  seem 
to  them  just,  equitable  and  proper  under  all  the  circum- 
stances of  each  particular  case.  To  enable  county  super- 
intendents more  effectually  to  carry  out  the  provisions 
of  this  section,  it  shall  be  the  duty  of  the  Attorney- 
General  of  the  State  to  turn  over  to  the  Superintendent 
of  Education  all  notes  or  other  evidence  in  his  posses- 
sion or  under  his  control,  of  claims  for  school  lands,  ex- 
isting prior  to  the  first  day  of  April,  1865 ;  and  it  shall 
be  the  duty  of  the  Superintendent  of  Education  to  give 
to  the  county  superintendents  of  education  any  infor- 
mation in  his  possession  tending  to  show  the  true  con- 
dition of  such  claims. 


53 

Sec.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Superintendent  of  Education  to  recommend  to 
the  Governor  the,  issuing  of  patents  to  such  persons  as 
shall  appear  from  the  facts  and  circumstances  of  the 
claims  entitled  thereto  ;  and  also  to  any  persons  claim- 
ing or  having  any  interest  in  said  lands,  who  shall 
pay  to  the  State  such  sum  or  sums  of  money  at  the 
time  and,  in  the  manner  recommended  by  the  county 
superintendent  of  education  that  he  should  pay  in 
compromise  and  settlement  of  the  claims  due  from  him 
to  the  State  for  any  particular  portion  of  the  school 
lands  heretofore  sold  by  the  State,  and  upon  the  recom- 
mendation from  the  Superintendent  of  Education  the 
Governor  shall  be  authorized  to  issue  such  patent ; 
Provided,  That  before  making  such  recommendation  to 
the  Governor,  the  Superintendent  of  Education  shall  be 
satisfied  that  the  amount  recommended  by  the  county 
superintendent  to  be  paid  the  State  in  compromise 
and  settle  of  any  such  claim  is  fair,  just  and  to  the 
interest  of  the  State,  and  that  the  same  has  been  fully 
paid. 

Sec.  3.  Be  it  further  enacted ,  That  should  of  the  par- 
ties claiming  said  school  land  refuse  or  fail  to  pay  the 
amount  found  to  be  due  from  them  to  the  State,  or 
refuse  or  fail  to  comply  with  the  recommendations  of 
the  county  superintendent,  by  refusing  to  or  failing  to 
pay  or  secure  to  the  State  the  amount  recommended 
by  him  to  be  paid,  in  compromise  and  settlement  of 
such  claim  for  any  particular  school  land  by  said  party 
for  ninety  days  after  he  has  been  notified  by  the  county 
superintendent,  of  the  amount  required  to  be  paid  or 
secured  to  the  State  by  him  to  enable  him  to  get  a 
patent  from  the  State  to  said  land,  that  it  shall  be  the 
duty  of  the  county  superintendent  to  cause  suit  to  be 
brought  in  the  name  of  the  State,  for  the  use  of  the 
township  in  which  the  land  lies,  in  equity,  to  enforce 


54 

the  lien  of  the  State  upon  the  said  land  for  the  whole 
amount  found  to  be  due  the  State,  and  upon  the  trial  of 
said  cause  the  certificate  of  the  Superintendent  of  Edu- 
cation that  the  notes  and  other  evidence  of  said  claims 
are  not  in  his  oflBce,  and  that  he  has  no  knowledge 
where  they  are,  shall  be  prima  facie  evidence  that  said 
notes  have  been  lost,  and  shall  authorize  the  State  to 
introduce  secondary  evidence  of  said  claim  ;  Provided, 
That  the  State  shall  not  be  liable  for  costs,  should  there 
be  a  failure  to  recover  said  claims. 

Sec.  4.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Superintendent  of  Education,  should  it  be  made 
to  appear  to  his  satisfaction,  that  any  sum  or  suras  of 
money  have  been  paid  to  the  State  or  to  any  one  legally 
authorized  to  receive  the  same,  for  any  school  lands, 
upon  which  sums  the  State  should,  but  is  not  paying  in- 
terest to  the  school  fund  of  the  township  in  which  said 
land  lies  or  to  which  it  belongs,  to  take  such  steps  as  will 
secure  to  such  township  the  interest  at  the  rate  of  six 
per  cent,  per  annum  upon  the  the  sums  so  found  to  have 
been  paid,  and  it  shall  be  the  duty  of  the  State  Auditor 
to  draw  his  warrant  on  the  State  Treasurer  in  favor  of 
the  school  fund  of  the  particular  township  for  the 
amount  so  found  to  have  been  paid,  and  the  Treasurer 
shall  set  apart  the  sum  as  required  of  other  16th  section 
funds,  and  interest  on  the  same  shall  be  included  in  the 
Auditor's  annual  certificate  to  the  Superintendent  of  Ed- 
ucation as  upon  other  16th  section  funds. 

Sec, 5.  Be  it  further  enacted.  That  for  the  services  pre- 
scribed by  this  act,  the  County  Superintendent  shall  be 
paid  out  of  the  sums  so  realized  to  the  State,  or  out  of 
the  school  fund  of  the  township  in  which  the  school  land 
lies,  reasonable  compensation,  the  amount  in  each  case 
to  be  determined  by  the  Superintendent  of  Education. 

Sec.  6.  Be  it  further  enacted.  That  all  amounts  receiv- 
ed or  notes  taken  by  the  County    Superintendents  under 


55 

the  provisiona  of  this  act  shall  at  once  be  forwarded  jto 
the  Superintenderyb  of  Education,  who  shall  pay  the 
money  into  the  State  treasury  as  other  16th  section  funds, 
and  the  State  Treasurer  is  authorized  and  required,  un- 
der the  advice  and  direction  of  the  Governor,  to  Jinvest 
the  amounts  so  paid  over,  together  with  all  other  money 
hereafter  paid  in  on  account  of  the  16th  section  lands, 
in  the  six  per  cent,  or  other   bonds  of  this  State. 

Sec.  7.  Be  it  further  enacted,  Th.a,t  all  laws  in  conflict 
with  the  provisions  of  this  act  are  repealed. 

Approved  March  1,  1881. 

SALE  OR  LEASE  OF  SCHOOL  INDEMNITY  LANDS. 

Under  an  act  to  authorize  the  Governor  to  prosecute 
and  secure  to  the  State  the  benefits  resulting  from  all 
claims  of  the  State  of  Alabama  against  the  United  States 
for  or  on  account  of  swamp  and  overflowed  lands,  other 
public  lands  in  Alabama  sold  or  otherwised  disposed  of 
by  the  Federal  Government  and  all  other  claims  the 
State  has  under  existing  laws,  or  may  have  under  laws 
hereafter  enacted,  approved  Feb.  28,  1887,  the  Governor 
contracted  with  John  H.  Caldwell,  the  latter  to  prose- 
cute all  claims  of  the  State  against  the  United  States  re- 
ferred to  in  said  act,  the  said  Caldwell  to  be  compensated 
out  of  the  proceeds  of  the  suits  he  should  bring.  The 
agent  under  this  authority  having  recovered  certain  land 
for  the  use  of  the  several  townships  in  this  State  in  which 
there  was  a  deficiency  in  the  amount  of  land  heretofore 
certified  to  the  State  for  their  benefit.  To  provide  for 
the  proper  disposition  of  the  lands  so  recovered ,  the  fol- 
lowing law  was  enacted  : 


AN  ACT. 

To  provide  for  the  sale  or  lease  of  school  indemnity  lands 
certified  to  the  State  of  Alabama  by  the  United  States 
and  to  provide  for  the  disposition  of  the  proceeds  there- 
of. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Ala- 
bama, That  the  Superintendent  of  Education  of  this 
State  be,  and  he  is  hereby  authorized  and  empowered  to 
sell  and  dispose  of  all  the  lands  which  have  been  hereto- 
fore or  may  hereafter  bo  certified  to  the  State  for  the  use 
and  benefit  of  the  several  townships  above  referred  to, 
subject  to  the  approval  of  the  Governor  of  the  State. 
Such  sales  shall  be  made  from  time  to  time  at  public  or 
private  sale,  as  in  the  judgment  of  the  said  Superinten- 
dent shall  best  promote  the  interest  of  the  school  fund  of 
the  State,  and  shall  be  for  cash,  or  part  cash  and  part  on 
time,  as  the  said  Superintendent  and  Governor  may 
deem  best ;  Provided,  That  in  no  case  shall  there  be  less 
than  one-fourth  of  the  purchase  money  paid  in  cash,  and 
the  remainder  shall  be  payable  in  yearly  installments, 
to  extend  over  a  period  of  not  more  than  three  years , 
and  shall  be  secured  by  notes,  with  sureties  to  be  ap- 
proved by  the  Superintendent  of  Education,  which  shall 
bear  interest  from  the  date  of  the  sale . 

Sec.  2.  Beit  further  enacted,  That  the  proceeds  aris- 
ing from  such  sale,  after  payment  of  all  the  proper  costs 
and  expenses  of  the  same,  shall  be  by  the  said  Superin- 
tendent of  Education ,  divided  as  follows:  One-fourth 
thereof  shall  be  paid  over  to  the  said  Jno.  H.  Caldwell, 
his  representatives,  or  assigns,  and  the  remaining  three- 
fourths  shall  be  paid  into  the  treasury  of  the  State,  to 
the  credit  of  the  school  fund  of  the  township  to  which 
the  same  may  belong.     All  notes  taken  by  the  Superin- 


57 

tendent  of  Education  for  the  purchase  of  the  lands  sold 
under  the  provisions  of  this  act,  shall  be  held  by  him 
until  the  same  are  paid ;  Provided,  however,  that  if  deem- 
ed, in  the  opinion  of  the  said  Superintendent,  advisable 
in  taking  such  notes ,  he  may  take  separate  notes  for  the 
proportion  thereof,  to  which  said  Caldwell  is  entitled, 
and  shall  turn  over  said  notes  to  him,  his  representa- 
tives, or  assigns,  taking  his  receipt  therefor. 

Sec.  3.  Be  it  further  enacted.  That  the  provisions  of 
the  laws  of  the  State  of  Alabama,  now  in  force  regula- 
ting the  sale  of  school  lands,  shall  be  applicable  to  sales 
had  under  this  act,  except  in  so  far  as  the  provisions  of 
said  law  are  inconsistent  with  the  provisions  of  this  act. 

Sec.  4.  Be  it  further  enacted,  That  the  Superinten- 
dent of  Education  may,  with  the  approval  of  the  Gover- 
nor of  the  State,  lease  out  any  of  said  lands  for  a  term 
not  exceeding  five  years,  or  may  enter  into  contracts  per- 
mitting persons  to  mine  iron  ore,  coal  or  other  minerals 
therefrom,  upon  a  royalty  for  a  term  not  exceeding 
twenty  years,  and  the  net  proceeds  of  all  moneys  receiv- 
ed from  the  lease  of  such  lands,  or  as  a  loyalty  for  the 
minerals  mined  therefrom,  shall  at  the  end  of  each  fiscai 
year,  one-fourth  be  paid  over  to  the  said  John  H.  Cald- 
well, his  representatives,  or  assigns,  and  the  other  three- 
fourths  into  the  State  treasury  to  the  credit  of  the  town- 
ship to  which  said  lands  belong  in  the  proportion  of 
their  interest  therein . 

Approved  December  9,  1890. 


ImI^7EKsI^r  j 


NORMAL   SCHOOLS. 


THE  INDUSTRIAL  SCHOOL  FOR  WHITE  GIRLS, 


AN  ACT 

To  create  and  establish  an  industrial  school  in  the  State 
of  Alabama  for  white  girls. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Alabama,  That  an  industrial  school  for  the  education  of 
white  girls  in  Alabama  is  hereby  established  and  shall 
be  located  and  organized  as  hereinafter  provided. 

Sec,  2.  Be  it  further  enacted,  That  the  governor  of  the 
State  shall  nominate  and  appoint,  by  and  with  the  ad- 
vice and  consent  of  the  senate,  one  person  from  each  of 
the  congressional  districts  of  the  State  and  two  from  the 
State  at  large,  together  with  the  governor,  superintend- 
ent of  education  and  auditor  of  the  State,  shall  be  trus- 
tees ,  and  to  serve  as  such  for  six  years ,  except  the  gover- 
nor, superintendent  of  education  and  auditor  of  the 
State,  who  shall  serve  for  the  terms  of  their  election  by 
the  people  of  Alabama.  Immediately  after  they  shall 
be  assembled,  in  consequence  of  their  first  appointment 
they  shall  be  divided  equally  into  three  classes.  The 
term  of  the  first  class  shall  expire  two  years  from  the 
date  of  their  appointment ;  the  second  class  four  years 
from  the  date  of  their  appointment,  and  the  third  class 
at  the  expiration  of  the  date  of  their  appointment,  so 
that  one-third  may  be   chosen   every   second   year.     If 


59 

vacancy  happen  by  resignation  or  otherwise,  the  gover- 
nor may  make  temporary  appointments  until  the  next 
meeting  of  the  General  Assembly.  The  governor  shall 
be  ex-officio  a  member  of  said  board  of  trustees,  and 
shall  act  as  president  thereof  in  all  of  their  meetings, 
when  present,  but  in  his  absence  they  may  choose  a 
president  pro  tem.  Five  of  the  board  of  trustees  sliall 
be  a  quorum  for  the  transaction  of  business. 

Sec.  3.  Be  it  further  enacted,  That  the  secretary  of 
State  shall  furnish  a  certificate  to  each  trustee  within 
ten  days  of  his  appointment,  notifying  him  that  he  has 
been  so  appointed  and  elected ;  and  if  any  trustee  fail 
for  the  space  of  thirty  days  to  inform  the  governor  of 
his  acceptance,  then  his  appointment  shall  be  void  and 
his  place  shall  be  filled  as  heretofore  provided  in  cases 
of  vacancy. 

Sec.  4.  Be  it  further  enacted,  That  the  board  of  trus- 
tees of  said  institute,  and  their  successors  in  office  be, 
and  the  same  are  hereby  declared  to  be  a  body  politic 
and  corporate,  and  shall  have  a  common  seal,  shall  sue 
and  be  sued,  contract  and  be  contracted  with,  and  may 
own,  purchase,  sell  and  convey  property,  both  real  and 
personal. 

Sec.  6.  Be  it  further  enacted,  That  the  governor  shall, 
as  ex-ofRcio  president,  convene  the  board  of  trustees  of 
said  industrial  school  to  consider  any  business  connected 
with  the  same,  whenever  he  shall  deem  it  expedient  to 
do  so ;  that  the  said  trustees  shall  elect  a  secretary  of 
the  board,  whose  duty  it  shall  be  to  record  in  a  well 
bound  book  all  of  the  proceedings  had  by  said  board, 
and  shall  be  allowed  such  compensation  for  his  or  her 
services  as  the  board  may  deem  proper ;  that  the  State 
treasurer  shall  be  ex-ofhcio  treasurer  of  said  board  of 
trustees,  whose  duty  it  shall  be  to  secure  and  safely  keep 
all  moneys  belonging  to  the  Alabama  Girls'  Industrial 
School  for  the   education  of  white   girls   in   industrial 


60 

branches,  and  to  disburse  the  same  under  the  order  of 
the  board  of  trustees. 

Sec.  6.  Be  it  further  enacted ,  That  the  said  board  of 
trustees  shall  possess  all  the  power  necessary  and  proper 
for  the  accomplishment  of  the  trust  reposed  in  them, 
viz  :  The  establishment  and  maintenance  of  a  first-class 
industrial  school  for  the  education  of  white  girls  in  the 
State  of  Alabama  in  industrial  and  scientific  branches, 
at  which  said  girls  may  acquire  a  thorough  normal 
school  education,  together  with  a  knowledge  of  kinder- 
garten instruction  and  music  ;  also  a  knowledge  of  tele- 
graphy, stenography,  photography  and  phonography, 
type-wribing,  printing,  book-keeping,  in-door  carpentry, 
electrical  construction,  clay-modeling,  architectural  and 
mechanical  drawing,  sewing,  dress-making,  millinery, 
cooking,  laundry,  house,  sign  and  fresco  painting,  home 
nursing,  plumbing,  and  such  other  practical  industries 
as,  from  time  to  time,  to  them  may  be  suggested  by  ex- 
perience or  tend  to  promote  the  general  object  of  said 
girls'  industrial  school,  to-wit :  fitting  and  preparing 
such  girls  for  the  practical  industries  of  the  age. 

Sec.  7.  Be  it  further  enacted ,  That  the  board  of  trus- 
tees shall  appoint  a  president  and  professors  of  said 
school,  and  such  other  ofiicers  as  they  may  think  proper 
.to  put  the  same  in  successful  operation,  and  shall  make 
such  laws,  rules  and  regulations  for  the  government  of 
said  officers  as  they  may  deem  advisable.  They  shall 
regulate  the  rates  of  tuition,  together  with  the  course  of 
discipline  necessary  to  enforce  the  faithful  discharge  of 
the  duties  of  all  officers,  professors  and  students.  They 
shall  divide  the  course  of  instruction  into  departments, 
so  as  to  secure  a  thorough  education,  and  the  best  pos- 
sible industrial  studies,  selecting  careful  and  efficient 
professors  in  each  department,  and  shall  adopt  all  such 
by-laws  and  regulations  as  they  may  deem  necessary  to 


61 

carry  out  all  of  the  purposes  and  objects  of  said  institu. 
tion. 

Sec  .  8.  Be  it  further  enacted,  That  the  board  of  trus- 
tees, as  hereinbefore  provided,  shall  receive  as  compen- 
sation for  their  services,  their  actual  expenses  in  attend- 
ing any  of  the  meetings  of  the  board  of  trustees,  paya- 
ble out  of  any  funds  belonging  to  said  school. 

Sec.  9.  Be  it  further  enacted,  That  as  it  iS  the  object 
of  this  act  to  establish  said  industrial  school  for  white 
girls,  with  as  small  an  outlay  annually  as  is  consistent 
with  the  object  to  be  attained,  the  said  trustees  shall 
prepare  a  general  plan  of  said  school,  together  with  all 
the  necessary  departments,  dormitories  and  out  houses  ; 
also  an  estimate  of  the  cost  necessary  school  furniture, 
including  cost  of  buildings  and  department  appliances, 
and  shall  build  and  establish  in  any  one  year,  unless 
said  building  shall  be  secured  by  donation  to  the  State, 
only  such  houses,  dormitories  and  departments  as  they 
may  deem  for  the  best  interest  of  said  institution  and  of 
greatest  practical  importance. 

Sec.  10.  Be  it  further  enacted,  That  the  said  board  of 
trustees  shall  organize  under  the  provisions  of  this  act 
as  soon  as  practicable  after  t/ieir  appointment,  and  they 
shall  immediately  after  their  organization  proceed  to 
procure,  by  purchase  or  donation,  a  site  for  the  location 
of  the  Alabama  Girls'  Industrial  School  for  the  educa- 
tion of  the  white  girls  of  the  State  of  Alabama  in  In- 
dustrial and  scientific  studies.  In  selecting  the  site  the 
trustees  shall  look  to  the  convenience  of  the  people  of 
the  State,  the  advantages  and  disadvantages  of  the  dif- 
ferent sites  proposed,  and  shall  locate  the  same  at  the 
place  where  most  advantages  are  offered ;  Provided,  That 
the  location  shall  be  at  a  place  known  to  be  free  from 
annual  epidemics;  and  provided  further,  that  if  the 
trustees  to  be  appointed  shall  deem  it  best  or  the  most 
practicable  way  of  attaining  the  desired  object,  then  it 


62 

may  be  established  as  a  branch  of  an   already  existing 
school. 

Sec.  11.     Be  it  further  enacted,  That  as  soon  as  said 
institution  is   prepared  to  receive  pupils  or  students  in 
three  or  more  of  the  industiral  studies  hereinbefore  enu- 
merated ,  the  said  trustees  shall  apportion  to  each  county 
its  quota  of  scholars  on  the  basis  of  the  educable  white 
girls  between  the   ages  of  fourteen   and  twenty-one,  in 
the  State  and  several  counties,  and  one  pupil  from  each 
congressional  district,  whose  tuition  and  board  shall  be 
absolutely  free,  and  this  number  shall  be  increased  from 
time  to  time  as   in    the  judgment  of  the    trustees    the 
finances  of    said   institution    shall   warrant.     Said  free 
scholarship  shall  be  awarded  at  the   annual  meeting  of 
the  girls'  industrial  school  upon  the  recommendation  of 
the   trustee  from    the   congressional  district  from  which 
said  pupil  is  appointed,  and  the  several  superintendents 
of  education  in  the  counties  shall  advertise  it  in  some 
newspaper  published  in  said  county,  and  after  the  expi- 
ration of  two  weeks   from   said  advertisement,  shall,  by 
and  with  the  approval  of  the  county  commissioners  or 
court  of  county   revenues,  commission  such  number  of 
white  girls  to  said  institution  as   such  county  is  entitled 
to.     The  presentation  of  such  certificate,  over  the  signa- 
ture of  the  judge  of  said  county,  shall  entitle  the  person 
so  commissioned  to   admission  into  said  school,  with  all 
its  privileges  for  the  course  of  study  selected  ;  Provided, 
That  the  appointing  board  shall   give  the  preference  to 
the   applicants  least  able  to  educate  themselves  if  they 
have  the  requisite  qualifications  ;  Provided,  however.  That 
nothing  in  the  provisions  of  this  act  shall  be  held  to  pre- 
vent  any  white   girl   in  this  State  from   attending  said 
school  upon  .he  payment  of  her  board  and  tuition. 

Sec.  12.  Be  it  further  enacted ,  That  the  sum  of  five 
thousand  dollars  for  the  year  eighteen  hundred  and 
ninety-five,  and  ten  thousand  dollars  for  the  year  eigh- 


63 

teen  hundred  and  ninety-six,  be,  and  the  same  is  hereby 
appropriated,  or  so  much  thereof  as  may  be  necessary 
out  of  any  funds  in  the  State  treasury  not  otherwise  ap- 
propriated. The  same  shall  be  drawn  from  the  State 
treasury  by  the  board  of  trustees  on  vouchers  audited 
by  the  board  and  approved  by  the  governor,  and  filed  in 
the  auditor's  office.  Such  vouchers  shall  contain  a  clear 
and  full  statement  of  the  purpose  for  which  they  are 
given.  Upon  the  filing  of  such  vouchers  the  auditor  of 
the  State  shall  draw  his  warrant  on  the  State  treasurer 
for  the  same,  from  time  to  time,  as  funds  may  be  needed 
to  pay  the  officers  and  professors  of  said  school,  or  for 
any  other  necessary  and  proper  object  connected  with 
building,  buying  site  and  properly  equipping  said  insti- 
tution with, everything  needed  in  each  department. 

Sec.  13.  Be  it  further  enacted,  That  said  board  of 
trustees  shall  determine  and  fix  the  salaries  of  each 
officer,  employe  and  professor  in  said  institute  ;  provided 
said  salaries  in  any  one  department  shall  not  exceed 
those  now  allowed  to  professors  in  the  Agricultural  and 
Mechanical  College. 

Sec.  14.  Be  it  further  enacted,  Tha.\  this  ?ict  shall  take 
effect  and  be  in  full  force  from  and  after  the  first  day  of 
January,  1895. 


STATE  NORMAL  COLLEGE  AT  FLORENCE. 


Section  1 .  The  school  established,  appropriation  for  its 
support. — There  is  permanently  established,  in  the 
Florence  Wesley  an  University  buildings  at  Florence,  in 
Lauderdale  county,  in  this  State,  a  school  for  the  educa- 
tion of  white  male  and  female  teachers,  who  shall  be 
taught  there  on  such  conditions  and  under  such  restric- 
ions  as  may  be  prescribed  ;  and  there  shall  be  annually 
appropriated  and  set  apart,  from  the  first  day  of  October, 
at  least  seven  thousand  five  hundred  dollars  out  of  the 
general  educational  revenue  apportioned  to*  the  whites , 
for  the  support  and  maintenance  of  the  school;  but  no 
portion  of  the  same  shall  be  used  for  any  other  purpose 
than  the  payment  of  the  salaries  of  the  faculty. 

Sec.  2.  Board  of  directors;  style  of  hoard  ;  no  compensa- 
tion; terms  of  office. — The  board  of  directors  of  said  college 
shall  consist  of  six  directors ,  together  with  the  Superin- 
tendent of  Education.  The  directors  shall  be  appointed 
by  the  Governor  as  hereinafter  provided.  It  shall  be 
the  duty  of  the  Governor  on  or  before  the  first  day  of 
May  next  after  the  passage  of  this  bill ,  to  appoint  six 
directors  of  said  normal  college  ;  Provided,  that  no  two 
of  said  directors  shall  reside  in  the  same  county.  Two 
of  said  directors  shall  be  appointed  for  the  term  of  six 
year  ;  two  for  the  term  of  four  year  ;  and  two  for  the 
term  of  two  years  ;  and  every  two  years  thereafter  it  shall 
be  the  duty  of  the  Governor  to  appoint  two  directors, 
whose  term  of  office  shall  be  for  the  period  of  six  years. 
The  members  of  said  board  of  directors  shall  receive  no 
compensation  for  their  services  except  their  actual  ex- 
penses in  going  to  and  returning  from    their   meetings , 


65 

which  said  expenses,  upon  the  certificate  of  the  secretary 
of  the  board,  approved  by  its  president,  shall  be  paid 
out  of  the  fund  annually  appropriated  and  set  apart  for 
the  support  and  nmintenance  of  said  college .  The  board 
of  directors,  as  now  organized,  shall  cease  to  exist  upon 
the  appointment  and  organization  of  the  new  board  as 
herein  provided  for. 

Sec.  3.  Vacancy  in  hoard;  how  filled. — Any  vacancy 
in  the  board  of  directors,  caused  by  death,  resignation, 
or  otherwise,  shall  be  filled  by  appointment  of  the  Gov- 
ernor, the  appointee  holding  for  the  unexpired  term  of 
his  predecessor. 

Sec.  4.  Meeting  of  board  of  directors. — The  board  of 
directors  shall  meet  at  such  times  and  places  as  it  shall 
appoint. 

Sec.  5  President  of  board;  treasurer  and  his  bond  and 
and  terms  of  office  ;  secretary  and  his  term  of  office. — The 
board  of  directors  shall  choose  one  of  their  number  as 
president  of  their  board,  who  shall  not  vote  on  any  ques- 
tion, except  in  case  of  a  tie  ;  and  the}'  shall  elect  a  sec- 
retary and  treasurer,  and  they  shall  take  such  bond 
from  such  treasurer  as  they  shall  deem  sufficient  and 
adequate  to  secure  the  faithful  performance  of  his  duties, 
in  at  least  double  the  amount  that  he  may  have  in  hand 
at  any  one  time ;  bond  to  be  approved  by  the  county 
superintendent,  and  probate  judge  of  Lauderdale  county, 
and  a  certified  copy  thereof  filed  in  the  office  of  the 
Superintendent  of  Education.  The  secretary  and  treas- 
urer shall  be  chosen  annually,  and  shall  hold  their  offi- 
ces until  their  successors  are  elected  and  qualified. 

Sec.  6.     The  board  of  directors  disposes  of  money  accord- 
ing to  lav\  and  presrrihed  duties  of  secretary  and   treasurer. 
The  board  of  directors  shall,  under   the   restriction   and 
limitations  of  law,  direct  the  disposal   of  any  and  all 
5 


66 

moneys  appropriated  to  the  school,  and  shall  prescribe 
the  duties  of  the  secretary  and  treasurer  thereof. 

Sec.  7.  Organization  of  the  school. — It  shall  be  the 
duty  of  the  board  to  organize  such  normal  school  upon 
dae  most  approved  plan;  to  elect  a  president,  and  a  com- 
plete and  sufficient  corps  of  instructors,  who  shall  con- 
tinue the  faculty  of  such  normal  school ;  and  the  boar^ 
shall  adopt  such  rules  and  regulations  as  may  be  neces- 
sary for  the  organization  and  successfuly  operation  of 
such  normal  school. 

Sec.  8.  Duties  of  faculty. — It  shall  be  the  duty  of  the 
faculty  to  establish  a  course  of  instruction  with  special 
reference  to  educating  teachers  in  the  theory  and  prac- 
tice of  teaching  ;  to  pass  all  needful  rules  and  regulations 
necessary  for  the  discipline  of  the  normal  school. 

Sec.  9.  The  president  of  the  board  of  directors  reports 
annually  to  the  superintendent. — The  president  of  the 
board  of  directors  shall  make  a  full  and  complete  annual 
report  to  the  Superintendent  of  Education  of  the  opera- 
tion of  the  normal  school,  specifying  the  number  of 
pupils,  the  number  of  professors  and  teachers,  the 
amount  of  salary  of  each,  the  amount  of  money  received 
and  disbursed,  and  such  other  information  as  may  be 
required  by  law. 

Sec  10.  Rules  governing  admission  of  pupiles. — Ap- 
plicants for  admission  to  the  normal  school  shall  be  not 
less  than  fifteen  years  of  age,  and  shall  sustain  a  satis- 
factory examination  in  such  studies  as  may  be  required 
by  the  faculty. 

Sec.  11.  Students  admitted  from  any  part  of  the  State; 
of  the  obligation  to  teach. — Students  shall  be  admitted 
from  any  portion  of  the  State,  and  shall  receive  instruc- 
tions free  of  charge,  for  tuition,  upon  signing  a  written 
obligation  to  teach  at  least  two  years  in  the  public 
schools  of  Alabama  ;  and  the  obligation  shall  be  filed  in 
the  office  of  Superintendent  of  Education.     Any  student 


67 

may  be  released  from  the  obligation  by  paying  such 
tuition  as  may  be  established  by  the  board  of  directors. 

Sec.  12.  Certificate  of  graduation  and  to  what  it  entitles. 
— Upon  the  completion  of  the  prescribed  course  of  study 
in  the  normal  school,  and  after  sustaining  a  satifactory 
examination,  upon  the  recommendation  of  the  president, 
approved  by  the  board  of  directors,  the  Superintendent 
of  Education  shall  issue  a  State  certificate  to  the  gradu- 
ates of  the  normal  school ,  which  shall  entitle  them  to 
teach  in  any  public  school  in  the  State,  without  any 
further  examination. 

Sec  .  13 .  Public  or  other  schools  established  in  connection . 
In  connection  with  the  normal  school,  there  may  be  es- 
tablished a  public  school ,  or  other  school . 

Sec.  14.  Money  appropriated,  how  drawn. — The  money 
appropriated  and  due  to  the  school  shall  be  certified  semi- 
annually, .by  the  Superintendent  of  Eeducation,  to  the 
State  Auditor,  upon  application  to  the  president  of  the 
board  of  directors,  and  the  State  Auditor  shall  thereupon 
draw  his  warrants  on  the  State  Treasurerjjin  favor  of  the 
treasurer  of  the  normal  school  for  the  amount  thus  cer- 
tified. 


JACKSONVILLE  NORMAL  SCHOOL. 


Section  1 .  Appropriation  for  payment  of  salaries  only. 
There  is  permanently  established  in  the  Calhoun  college 
building  at  Jacksonville,  in  Calhoun  county,  in  this 
State,  a  school  for  the  education  of  white  male  and  fe- 
male teachers  who  shall  be  taught  therein  on  such  con- 
ditions and  under  such  restriction  as  may  be  prescribed ; 
and  there  shall  be  annually  appropriated  and  set  apart 
from  the  first  day  of  October  twenty-five  hundred  dollars 
out  of  the  general  educational  revenue  apportioned  tO' 
the  whites,  for  the  support  and  maintenance  of  tho 
school ;  but  no  portion  of  the  same  shall  be  used  for  any 
other  purpose  than  the  payment  of  the  salaries  of  the 
faculty . 

Sec.  2.  Board  of  directors. — That  a  board  of  directors 
is  established  consisting  of  the  following  named  persons  : 
S.  K.  McSpadden,  Jno.  M.  Caldwell,  James  Crook,  W. 
P.  Howell,  Wm.  M.  Hames,  D.  A.  Aderholdt,  H.  L. 
Stevenson,  W.  J.  Alexander,  J.  Y.  Nisbet,  L.  W.  Grant 
and  John  D.  Hammond,  and  the  Superintendent  of  Ed- 
ucation, and  which  shall  .be  known  by  the  name  and 
style  of  the  Board  of  Directors  of  the  State  Normal  School 
at  Jacksonville,  and  the  directors  shall  hold  their  office 
at  the  pleasure  of  the  board,  and  shall  receive  no  com- 
pensation. 

Sec.  3.  Vacancy;  hoiv  filled. — That  any  vacancy  in  the 
board  of  directors  caused  by  death,  resignation  or  other- 
wise, shall  be  filled  by  the  remaining  members. 

Sec.  4.  Meetings. — That  the  board  of  directors  shall 
meet  at  such  times  and  places  as  it  shall  appoint. 

Sec.  5.     Officers;  treasurer's  bond. — That  the  board  of 


69 

directors  shall  choose  one  of  their  number  as  president  of 
their  board,  who  shall  not  vote  on  any  question  except 
in  case  of  a  tie  ;  and  they  shall  elect  a  secretary  and 
treasurer,  and  they  shall  take  such  bond  from  such  treas- 
urer as  they  shall  deem  sufficient  and  adequate  to  secure 
the  faithful  performance  of  his  duties,  in  at  least  double 
the  amount  that  he  may  have  in  hand  at  any  one  time  ; 
bond  to  be  approved  by  the  county  superintendent  and 
probate  judge  of  Calhoun  county,  and  certified  c®py 
thereof  filed  in  the  office  of  the  Superintendent  of  Edu- 
cation. The  secretary  and  treasurer  shall  be  chosen  an- 
nually, and  shall  hold  their  offices  until  their  successors 
are  elected  and  qualified. 

Sec.  6.  Disposal  of  moneys. — That  the  board  of  direc- 
tors shall,  under  the  restrictions  and  limitations  of  law, 
direct  the  disposal  of  any  and  all  moneys  appropriated 
to  the  school,  and  shall  prescribe  the  duties  of  the  secre- 
tary and  treasurer  thereof. 

Sec.  7.  Faculty;  duties  thereof. — That  it  shall  be  the 
duty  of  the  board  to  organize  such  normal  school  upon 
the  most  approved  plan  ;  to  elects  a  president  and  a  com* 
plete  and  sufficient  corps  of  instructors,  who  shall  con- 
stitute the  faculty  of  such  normal  school ;  and  the  board 
shall  adopt  such  rules  and  regulations  as  may  be  neces- 
sary for  the  organization  and  successful  operation  of  such 
normal  school. 

Sec.  8.  That  it  shall  be  the  duty  of  the  faculty  to  es- 
tablish a  source  of  instruction  with  special  reference  to 
educating  teachers  in  the  theory  and  practice  of  teach- 
ing, to  pass  all  needful  rules  and  regulations  necessary 
for  the  discipline  of  the  normal  school. 

Sec.  9,  Report  to  Superintendent  of  Education. — That 
the  president  of  the  board  of  directors  shall  make  a  full 
and  complete  annual  report  to  the  Superintendent  of  Ed- 
ucation of  the  operations  of  the  normal  school,  specify- 
ing the  number  of  pupils,  the  number  of  professors  or 


70 

teachers,  the  amount  of  salary  of  each,  the  amount  of 
money  received  and  disbursed,  and  such  other  informa- 
tion as  may  be  required  by  law. 

§  10.  Applicants  for  admission. — That  applicants  for 
admission  to  the  normal  school  must  not  be  less  than 
fifteen  years  of  age,  and  shall  sustain  a  satisfactory  ex- 
amination in  such  studies  as  may  be  required  by  the 
faculty. 

§11.  Obligation  of  students . — That  students  shall  be 
admitted  from  any  portion  of  the  Statu,  and  sht*ll  le- 
ceive  instructions  free  of  charge  for  tuition,  upon  sign- 
ing a  written  obligation  to  teach  at  least  two  years  iu  the 
public  schools  of  Alabama  ;  and  the  obligation  shall  be 
filed  in  the  office  of  the  Superintendent  of  Education. 
Any  student  may  be  released  from  the  obligation  by  pay- 
ing such  tuition  as  may  be  established  by  the  board  of 
directors. 

§  12.  Graduates  entitled  to  teach. — That  upon  the  com- 
pletion of  the  prescribed  course  of  study  in  the  normal 
school,  and  after  sustaining  a  satisfactory  examination, 
upon  the  recommendation  of  the  president,  approved  by 
the  board  of  directors,  the  Superintendent  of  Education 
shall  issue  a  State  certificate  to  the  graduates  of  Normal 
school,  which  shall  entitle  them  to  teach  in  any  public 
school  in  the  State,  without  any  further  examination. 

§  13.  Public  school  may  be  established. — That  in  con- 
nection with  the  normal  school,  there  may  be  established 
a  public  school  or  other  school. 

§  14.  Appropriation;  how  to  draw. — That  the  money 
appropriated  and  due  to  the  school  shall  be  certified  semi- 
annually, by  the  Superintendent  of  Education,  to  the 
State  Auditor,  upon  application  of  the  president  of  the 
board  of  directors,  and  the  State  Auditor  shall  thereupon 
draw  his  warrant  on  the  State  Treasurer  in  favor  of  the 
treasurer  of  the  normal  school  for  the  amount  thus  cer- 
tified. 


LIVINGSTON  NORMAL  SCHOOL. 


§  1.  Consent  of  the  trustees  necessary;  appropriation,  &c, 
— That  if  the  trustees  of  the  Livingston  Female  Acad- 
emy, a  corporation  under  the  laws  of  Alabama,  located 
at  Livinigjston,  in  said  State  shnll  give  their  ror(«ont.  in 
writing,  to  the  Superintendent  of  Education  of  said  State, 
to  the  use  of  said  academy  for  the  purpose  of  establish- 
ing a  normal  school,  then  there  shall  thoreupon  be  estab- 
lished permanently  in  said  academy,  a  State  normal 
school  for  the  education  of  white  female  teachers  and 
students  ;  said  normal  school  to  be  organized  and  opcrar 
ted  under  such  restriction  as  may  be  provided  by  law; 
and  there  shall  be  annually  appropriated  and  set  apart 
from  the  1st  day  of  October,  1883.  out  of  the  general 
educational  revenue  apportioned  to  the  whites,  the  sum 
of  twenty-five  hundred  dollars  for  the  support  and  main- 
tenance of  said  normal  school ;  Provided,  That  qq  p^r^  . 
tion  of  said  sum  shall  "be  used  for  any  other  purpose  thHi 
the  payment  of  the  salaries  of  the  teachers,  and  the  neces- 
sary appliances  and  text-books  for  instruction  ;  Andpro- 
vidcd  further ,  That  not  more  than  five  hundred  dbliars 
shall  be  used  for  appliances  and  text-books  in  any  one 
year. 

§  2.  Board  of  directors. — That  the  trustees  of  said  Liv- 
ingston Female  Academy,  to-wit :  Robert  D.  Webb,  I. 
Chapman  Brown,  Josiah  L.  Scruggs,  Reuben  Chapman, 
William  A.C.  Sones,  William  R.  DeLoach  nwl  George 
W.  Dainwood,  shall  constitute  a  board  of  which  eball  b6 
known  by  the  name  and  style  of  the  Board  of  Directors 
of  the  "Livingston  Female  Academy  and  Normal  School," 
and  shall  receive  no  compensation  for  their  serviceB... 


72 

§  3.  Vacancy;  how  to  fill. — That  said  board  of  direct- 
ors shall  hold  office  as  provided  in  the  charter  of  said 
Livingston  Female  Academy,  and  any  vacancy  in  said 
board,  caused  by  death,  resignation,  or  otherwise,  shall 
be  filled  by  the  remaining  members  as  directed  by  said 
charter. 

§  4.  Treasurer's  bond. — That  said  board  of  directors 
provided  for  in  this  act,  shall  mQet  in  said  academy 
•  building  on  the  first  Monday  in,  July,  1883,  and  at  such 
meeting  they  shall  choose  one  of  their  number  as  presi- 
dent of  such  board ,  who  shall  have  no  vote  in  the  de- 
liberations of  said  board,  except  in  case  of  a  tie;  they 
shall  also  elect  a  secretary  and  treasurer,  who  shall  hold 
their  offices  for  two  years,  and  until  their  successors  are 
elected  and  qualified;  they  shall  take  from  the  treasurer 
such  bond  as  they  may  deem  adequate  to  secure  the  faith- 
ful performance  of  his  duties,  said  bond  to  be  not  less 
than  double  the  amount  of  the  annual' appropriation^ for 
the  support  of  said  school ;  said  bond  shall  be  approved 
by  the  judge  of  probate  for  Sumter  county,  an4  a  certi- 
fied copy  thereof  filed  in  the  office  of  the  Superintendent 
o!  Education  of  the  State.  Said  bond,  after  this  stated 
imeeting,  may  meet  at  such  other  times  and  places  as 
they  may  appoint. 

^  "'§..5.  Disposal  of  moneys. — That  said  board,  under  the 
limitations  orthis  act,  shall  direct  the  disposal  of  any 
a,,ntl  all  moneys  appropriated  to  said  school,  and  shall 
define  the  duties  of  the  secretary  and  treasurer  thereof. 

§  6.  Board;  duties  of. — That  it  shall  be  the  duty  of 
said  board  to  organize  a  normal  school  upon  the  most 
approved  plan  ;  they  shall  elect  a  sufficient  and  compet- 
ent corps  of  teachers,  and  a  president  thereof  from  a- 
mong  them ;  said  corps  of  teachers  shall  constitute  the 
faculty  of  said,  normal  school,  and  shall  hold  their  posi- 
ti'oj^s  at  the  pleasure  of  said  board  of  directors.  The 
board  shall  also  adopt  such  rules  and  regulations  as  may 


73 

be  necessary  for  the  organization  and  successful  opera- 
tion of  said  normal  school. 

§  7.  Faculty  ;  duties  of. — That  it  shall  be  te  the  duty 
of  the  faculty  to  establish  a  course  of  instruction  with 
special  reference  to  educating  teachers  in  the  theory  and 
practice  of  teaching,  and,  to  pass  all  needful  rules  and 
regulations  for  the  discipline  of  the  normal  school,  sub- 
ject to  the  approval  of  the  board  of  directors. 

§  8.  President's  report. — That  the  president  of  the 
board  of  directors  shall  make  a  full  and  complete  annual 
report  to  the  Superintendent  of  Education  of  the  State, 
of  the  operations  of  the  normal  school,  specifying  the 
number  of  pupils,  the  number  of  teachers,  the  amount 
of  salary  of  each ,  the  amount  of  money  received  and  dis- 
bursed, and  such  other  information  as  may  be  required 
by  law. 

§  9.  Applicants  for  admission. — That  applicants  for 
admission  o  the  normal  school  be  not  less  than  fourteen 
years  old,  and  shall  sustain  a  satisfactory  examination 
in  such  studies  as  may  be  required  by  the  faculty. 

§  10.  Obliyatiou. — That  white  female  students  shall 
be  admitted  from  any  portion  of  the  State,  and  shall  re- 
ceive instructions  free  of  charge  for  tuition,  upon  sign- 
ing a  written  obligation  to  teach  at  least  two  years  in 
the  public  schools  of  Alabama,  and  such  obligation  shall 
be  filed  in  the  office  of  the  State  Superintendent  of  Ed- 
ucation. Any  student  may  be  released  from  the  obliga- 
tion by  paying  such  tuition  as  may  be  established  by 
the  board  of  directors. 

§  11.  Graduates'  certificate  to  teach. — That  upon  the 
completion  of  the  course  of  instruction  prescribed  in  said 
normal  school,  and  after  sustaining  a  satisfactory  exam- 
ination, upon  the  recommendation  of  the  president,  ap- 
proved by  the  board  of  directors,  the  State  Superintend- 
ent of  Education  shall  issue  a  State  certificate  to  the 
graduates  of  said  normal  school,  which  shallentitle  them 


74 

to  teach  in  any  public  school  in  this  State  without  any 
further  examination. 

§  12.  Establishment  of  other  school. — That  in  connect- 
tion  with  said  normal  school,  there  may  be  established 
apn^lic  school  or  other  schools. 

§  13.  Money  to  be  paid  semi  annually. — That  the  money 
appropriated  and  due  to  the  normal  school  shall  be  certi- 
fied semi-annually  by  the  State  Superintendent  of  Educa- 
tion to  State  Auditor,  upon  application  of  the  president 
o*  th«  boa-^d  of  directors,  and  the  State  Auditor  shall 
thereupon  draw  his  warrant  on  the  State  Treasurer  in 
favor  of  the  treasurer  of  the  normal  school  for  the  amount 
thus  certified.  The  first  half  of  the  annual  appropria- 
tion hereby  made  shall  be  due  and  payable  on  the  1st 
day  of  October,  1883. 

§  14.  Charter  not  repealed.  That  this  act  shall  not  bo 
so  construed  as  to  interfere  with  the  Livingston  Female 
Academy,  or  to  repeal  the  charter  thereof,  or  to  interfere 
with  any  rights  now  existing  under  said  charter. 


TROY  NORMAL  SCHOOL. 


§  1.  That  there  is  permanently  established,  in  the 
city  of  Troy,  Pike  county,  Alabama,  a  state  normal  col- 
lege for  the  education  of  white  male  and  female  teachers ;. 
who  shall  be  taught  therein,  on  such  conditions  and 
unJor  oUch  rcolrlcvlons,  as  may  be  proscribe,!,  txvA  t\-"e 
shall  be  annually  appropriated  and  set  apart  from  the 
.  first  day  of  April,  1805,  the  sum  of  five  thoas:ind  dollars 
out  of  the  general  educational  revenues  apportioned  tO' 
the  whites  for  the  support  and  maintenance  of  the  col- 
lege. The  said  appropriation  shall  be  under  the  control 
of  the  coramis&ioners  hereinafter  provided  for  and  shall 
be  applied  in  su.-h  manner  as  they  may  deem  best  to 
carry  out  the  purposes  of  this  act.  Provided,  however, 
that  no  portion  of  said  appropriation,  shall  be  used  for 
any  other  purpose,  than  the  payment  of  the  salaries  of 
the  faculty.  Provided  further ,  nothing  in  this  act  shall 
be  so  construed  as  to  affect  the  appropriations  for  other 
normal  schools  as  provided  in  the  several  acts  establish- 
ing the  same  or  amending  such  acts  all  of  which  are 
hereby  reaffirmed. 

§  2.  A  board  of  directors  is  established  consisting  of 
the  governor  and  superintendeVit  of  education  of  the  State, 
and  the  president  of  the  college,  ex-officio,  and  Henry  D. 
Clayton  of  Barbour  county,  H.  J.  Smisson  of  Henry 
county,  B.  R.  Bricken  and  James  Folmar  of  Crenshaw 
county,  Frank  Baltzell  of  Montgomery  county,  and  John 
B.  Knox,  J.  D.  Gardner,  0.  C.  Wiley  and  Charles  Hen- 
derson of  Pike  county,  which  shall  bo  kni;wn  by  'he 
names  of  the  board  of  directors  of  the  State  Normal  Col- 
lege, atTroj.  On  th?:r  ^rst  annual  meeting  after  the 
date  of  this  act,  they  shall  divide  their  number  into  three 


76 

■equal  classes,  the  first  of  which  shall  serve  for  two  years, 
the  second  for  four,  and  the  third  for  six  years  from  the 
date  of  their  appointment,  and  thereafter  all  terms  shall 
be  for  six  years,  and  they  shall  receive  no  other  compen- 
sation than  actual  expenses  of  attendance. 

§  3.  All  vacancies  on  the  board  shall  be  filled  by  ap- 
pointment by  the  governor,  from  lists  of  nominations 
made  by  the  State  superintendent  of  education,  which 
lists  shall  contain  three  times  as  many  names  as  the  va- 
cancies to  be  filled  and  shall  be  made  up  from  the  coun- 
ties in  the  1,  2,  3,  5  and  9  congressional  districts,  in  the 
ratios  of  1,  3,  2,  2  and  1,  respectively,  not  above  three 
appointed  directors  being  from  Pike  county,  and  not 
more  than  one  from  any  other  county  at  a  time  after  the 
expiration  of  the  terms  of  the  present  membership. 

§  4.  The  board  shall  meet  at  such  times  and  places 
as  they  may  appoint,  or  at  the  call  of  the  executive  com- 
mittee, of  which  they  shall  make  an  annual  appoint- 
ment, and  a  majority  of  whose  members  shall  be  from 
Pike  county, 

§  5.  The  board  of  directors  shall,  under  the  provis- 
ions and  limitations  of  law,  direct  the  disposal  of  any 
and  all  moneys  appropriated  or  otherwise  given  to  the 
college,  and  shall  prescribe  the  duties  of  all  officers  and 
employes. 

§  6.  It  shall  be  the  duty  of  the  board  to  organize  the 
the  State  Normal  Colleg'e  upon  the  most  approved 
plans  ;  to  elect  a  president  and  corps  of  instructors,  who 
shall  constitute  the  faculty  of  the  college,  and  the  board 
may  adopt  such  general  rules  and  regulations  as  may  be 
necessary  for  the  management  of  the  college. 

§  7.  It  shall  be  the  duty  of  the  faculy  to  establish  a 
course  of  instruction  with  reference  to  educating  teachers 
in  the  theory  and  practice  of  teaching,  embracing  a  scho- 
lastic course    of  full   college  grade,  and  shall   pass  all 


77 

needful  rules  and  regulations  for  the  dicipline  of  the  col- 
lege. 

§  8.  The  president  of  the  college  shall  report  from 
time  to  time  to  the  board  the  condition  of  the  college,  by 
chairs  and  departments,  as  may  appear  necessary,  and 
the  president  of  the  board  shall  formulate  a  full  and 
complete  report  of  the  college,  prior  to  October  each 
year,  to  the  State  superintendent  of  education,  of  the 
operations  of  the  State  Normal  College,  specifying  the 
number  of  pupils  in  the  respective  courses,  the  number 
of  professors  and  other  employes,  the  amount  of  salary 
of  each,  the  amount  of  money  received  and  disbursed, 
and  such  other  information  as  may  be  required  by  the 
State  superintendent  of  education  under  the  laws  gov- 
erning. 

§  9.  Students  shall  be  admitted  from  any  portion  of 
the  State  on  equal  footing  with  all  other  portions  of  the 
same,  and  shall  receive  instructions  free  of  charge  for 
tuition  upon  signing  a  written  obligation  to  teach  two 
years  after  graduation,  or  failing  to  graduate,  to  teach  in 
the  public  sbhools  as  many  terms  as  they  shall  have  at- 
tended the  State  Normal  College  free  of  tuition,  and 
the  obligation  shall  be  filed  with  the  treasurer  of  the  col- 
lege. Any  student  may  be  released  from  such  obliga- 
tion by  the  payment  of  the  tuition  of  the  college  for  the 
terms  of  his  attendance,  and  any  one  who  do  not  teach 
within  two  years  of  retirement  from  the  college,  shall  be 
legally  indebted  for  the  amount  of  their  tuition,  which 
shall  be  collected  as  other  dues  for  instruction  in  the  col- 
lege. 

§  10.  Applicants  for  admission  to  the  State  Normal 
College,  shall  npt  be  less  than  15  years  of  age  during  the 
term  of  entering,  and  shall  sustain  a  satisfactory  exam- 
ination in  such  requirements  as  may  be  fixed  by  the 
faculty. 

§  11.     Upon  the  completion  of  the  required  course  for 


78 

same,  upon  the  recommendation  of  the  president  of  the 
college,  approved  by  the  board  of  directors,  the  State 
superintendent  of  education,  shall  issue  a  State  certi- 
ficate, for  two,  four,  or  six  years,  or  for  life,  according 
to  the  course  completed  ;  and  upon  the  completion  of  the 
respective  courses,  as  fixed  by  the  faculty,  upon  the  re- 
commendation of  the  president  of  the  college,  the  board 
of  directors  may  grant  such  degrees  and  issue  such  diplo- 
mas as  they  may  deem  proper  ;  and  when  eight  years  of 
successful  experience  in  teaching,  required  for  the  doc- 
tor's degree,  have  been  taken,  then,  in  the  same  manner 
as  for  State  certificates,  the  State  superintendent  shall 
issue  State  professional  life  diplomas,  which,  and  the 
State  certificates,  shall  entitle  their  holders  to  teach  in 
any  public  school  in  the  State,  without  further  examina- 
or  fee ;  Provided,  such  diploma,  or  certificate,  as  may  be, 
shall  be  first  presented  to  the  county  superintendent  of 
education,  or  city  school  board  under  whose  jurisdiction 
the  holder  may  wish  to  teach.  The  board  of  directors 
of  the  State  Normal  College  may  fix  such  fees  for  certi- 
ficates and  diplomas  as  they  may  deem  reasonable.  The 
State  superintendent,  upon  recommendation  of  the  presi- 
dent of  the  college,  approved  by  the  board  of  directors, 
may  for  cause  that  would  have  prevented  its  issuance, 
suspend,  for  definite,  or  indefinite  time,  and  certificates 
or  diplomas  authorized  in  this  section. 

Sec.  12.  The  money  appropriated  and  due  the  col- 
lege, shall  be  certified  semi-annually  by  the  superintend- 
ent of  education,  to  the  State  auditor,  upon  application 
of  the  president  of  the  board  of  directors,  and  the  State 
auditor  shall  thereupon  draw  his  warrant  on  the  State 
treasurer  in  favor  of  the  treasurer  of  the  State  Normal 
College,  for  the  amount  thus  certified  >  the  first  half  of 
the  annual  apportionment  being  due  on  the  first  of  Octo- 
ber, 1893. 

Sec.  13.     In   connection  with   the   college   a   public 


79 

8«hool,  or  other  school,  may  be  maintained  as  an  inter- 
nal part  of  the  State  Normal  College,  as  a  model  train-, 
ing  school  to  illustrate  and  practice  the  best  methods  of 
teaching. 

Sec.  14.  As  a  condition  of  this  appropriation,  the 
citizens,  or  city  council,  of  Troy,  shall  furnish  and  equip 
with  furniture  and  apparatus,  and  maintain  the  same  in 
proper  condition,  buildings  and  grounds,  whose  title 
shall  be  vested  in  the  board  of  directors  of  the  college, 
free  of  expense  to  the  State,  and  without  other  restric- 
tion than  reversion  to  thejdonors  in  case  the  State  should 
cease  to  hold  and  occupy  the  same  as  an  institution  of 
learning. 

Approved  February  21,  1893.  Amended  February 
18th,  1895. 


NORMAL  SCHOOL  FOR  COLORED  STUDENTS. 


MONTGOMERY. 


§  1.  The  State  Normal  School  and  University  for 
colored  students  now  at  Marion,  Perry  county,  be  and 
the  same  is  hereby  removed  to  some  other  place  in  the 
State  as  hereinafter  provided,  and  its  name  is  changed 
to  State  Normal  School  for  Colored  students. 

§  2.  The  board  of  trustees  of  said  Normal  school 
shall  consist  of  six  members,  together  with  the  Gover- 
nor and  Superintendent  of  Education,  It  shall  be  the 
duty  of  the  governor,  as  soon  as  practicable  after  the 
passage  of  this  bill,  to  appoint  six  trustees,  two  of  whom 
shall  serve  for  a  term  of  six  years,  two  shall  serve  for  a 
term  of  four  years,  and  two  shall  serve  for  a  term  of 
two  years,  and  every  two  years  thereafter  it  shall  be  the 
duty  of  the  governor  to  appoint  two  trustees  who  shall 
serve  for  a  term  of  six  years. 

§  3.  The  members  of  said  board  of  trustees  shall  re- 
ceive no  compensation  for  their  services  except  their 
actual  expenses  in  going  to  and  returning  from  their 
meetings,  which  said  expenses,  upon  the  certificate  of 
the  secretary  of  the  board,  approved  by  its  president, 
shall  be  paid  out  of  the  fund  annually  appropriated  and 
set  apart  for  the  maintenance  and  support  of  said  Nor 
mal  school.  The  board  of  trustees  as  now  organized  at 
Marion  shall  cease  to  exist  upon  the  appointment  and 
organization  of  the  new  board  as  hereinafter  provided 
for. 

§  4.     Any  vacancy  in  the  board  of  trustees  caused  by 


81 

death,  resignation  or  otherwise,  shall  be  filled  by  ap- 
pointment of  the  governor,  the  appointee  holding  for 
the  unexpired  term  of  his  predecessor. 

§  5,  The  board  of  trustees  shall  meet  at  such  times 
and  places  as  it  may  appoint. 

§  6.  The  board  of  trustees  shall  choose  one  of  their 
number  as  president  of  their  board,  who  shall  not  vote 
on  any  question  except  in  case  of  a  tie,  and  they  shall 
elect  a  secretary  and  treasurer,  and  they  shall  elect  a 
secretary  and  treasurer,  and  they  shall  take  such  bond 
from  such  treasurer  as  they  shall  deem  sufficient  and 
adequate  to  secure  the  faithful  performance  of  his  duties 
in  at  least  double  the  amount  that  he  may  have  on  hand 
at  any  one  time,  bond  to  be  approved  by  the  probate 
judge  of  the  county  wherein  the  Normal  school  is  loca- 
ted, and  a  certified  copy  thereof  filed  in  the  office  of 
State  Superintendent  of  Education.  The  secretary  and 
treasurer  shall  be  chosen  annually,  and  shall  hold  their 
office  until  their  successors  are  elected  and  qualified. 

§  7.  That  said  board  of  trustees  shall  within  thirty 
days  after  they  are  appointed,  meet  at  such  time  and 
place  as  the  State  Superintendent  of  Education  may  ap- 
point, and  shall  select  a  suitable  place  for  said  Normal 
school,  having  regard  for  healthfuln<3ss,  accessibility 
and  the  value  of  any  land  or  building  that  may  be 
offered  for  said  Normal  school ;  Provided,  That  it  shall 
not  be  located  in  any  town  or  city  against  the  wishes 
of  the  white  people  of  said  town  or  city. 

§  8.  The  trustees  shall  have  full  power  and  authority 
to  elect  a  faculty  and  such  officers  and  agents  as  they 
deem  necessary  to  carry  on  the  Normal  school,  and  shall 
have  authority  to  discharge  such  faculty  or  any  member 
thereof,  or  any  officer  or  agent,  whenever  they  see  fit  to 
do  so,  and  to  prescribe  the  duties  of  all  officers,  teachers 
and  agents,  and  to  fix  their  compensation,  and  generally 
6 


82 

to  govern  and  control  said  faculty,  and  the  Normal 
school.  They  shall  also  have  authority  to  settle  all 
claims  now  existing  against  said  Normal  school. 

§  9.  For  the  purpose  of  buying  the  necessary  land, 
or  buildings,  or  other  necessary  land,  and  erecting 
thereon  the  necessary  buildings,  there  is  hereby  appro- 
priated the  sum  of  fifteen  thousand  dollars  from  the 
school  fund  of  the  colored  race,  six  thousand  dollars 
to  be  paid  to  the  treasurer  of  the  Normal  school  on 
the  first  day  of  January,  1889,  or  as  soon  thereafter 
as  he  may  be  elected,  and  give  bond ;  six  thousand 
dollars  to  be  paid  October  1st,  1889,  and  three  thou- 
sand dollars  on  the  first  day  of  October,  1890.  The  first 
six  thousand  dollars  mentioned  in  this  section  shall  be 
paid  out  of  the  unapportioned  balance  now  in  the  treas- 
ury to  the  credit  of  the  colored  school  fund. 

§  10.  The  trustees  of  the  State  Normal  school  shall 
take  charge  of  the  property  of  the  State  of  Alabama, 
near  Marion,  Perry  county,  and  shall  dispose  of  it  so  as 
to  best  subserve  the  interests  of  the  State.  If  sold,  the 
proceeds  shall  be  used  in  furnishing  the  new  buildings 
wherever  located. 

§  11.  It  shall  be  the  duty  of  the  board  of  trustees  to 
organize  a  Normal  school  upon  the  most  approved  plan; 
said  Normal  school  to  constitute  a  part  of  the  common 
school  system  of  the  State. 

§  12.  The  president  of  the  board  of  trustees  shall 
make  a  full  and  complete  report  annually  to  the  State 
Superintendent  of  Education  showing  the  operations  of 
said  Normal  school,  the  amount  of  money  received  and 
disbursed,  and  such  other  information  as  may  be  requir- 
ed by  law. 

§  13.  That  upon  the  completion  of  the  prescribed 
course  of  study  in  the  Normal  school,  and  after  sustain- 
ing a  satisfactory  examination,  upon  the  recommenda- 
tion of  the  president,  approved  by  the  board  of  trustees, 


83 

the  Superintendent  of  Education  shall  issue  a  diploma 
to  thp  graduates  of  the  Normal  school,  which  entitle 
them  to  teach  in  the  colored  schools  of  the  State  without 
further  examination. 

§  14.  That  in  connection  with  the  Normal  school 
there  may  be  established  a  training  department. 

§  15.  For  the  support  and  maintenance  of  said  Nor- 
mal school,  thereby  set  apart  and  appropriated  of  the 
school  fund  for  the  education  of  the  colored  race,  the 
sum  of  seven  thousand  five  hundred  dollars  annually,  to 
be  paid  to  the  treasurer  of  the  said  board  of  trustees  in 
equal  installments  on  the  first  days  of  January,  April 
and  October,  of  every  year  ;  the  installments  for  January 
and  April,  1889,  to  be  paid  out  of  the  unapportioned 
balance  now  in  the  treasury  to  the  credit  of  the  colored 
school  fund. 

Approved  February  23,  1889. 


NORMAL  SCHOOL  FOR  COLORED  TEACHERS  AT 
•     HUNTSVILLE. 


§  1.  Establishment  of  school;  admission  of  pupils;  num- 
ber required;  must  be  taught  nine  months  annually. — There 
shall  be  at  Huntsville,  in  this  State,  a  normal  school  for 
the  education  of  colored  teachers,  to  be  called  and  known 
as  "The  Huntsville  State  Colored  Normal  and  Industrial 
School."  Pupils  shall  be  admitted  free  of  charge  for 
tuition  in  the  school,  on  giving  an  obligation  in  writing 
to  teach  in  the  free  public  schools  in  this  State  for  two 
year  after  they  become  qualified.  The  school  shall  not 
be  begun  or  continued  with  a  less  number  than  twenty 
five  pupils,  nor  shall  the  school  be  taught  for  a  less 
period  than  nine  months  in  each  year. 

§2.  Appropriation  for  school . — There  is  appropriated 
out  of  the  general  school  revenue  set  apart  to  the  colored 
children,  the  sum  of  four  thousand  dollars,  annually, 
for  the  maintenance  and  support  of  the  school,  and  the- 
apportionment  of  the  general  fund  for  the  colored  race- 
shall  be  made  to  the  different  counties  of  this  State  after 
the  deduction  of  the  sum  of  four  thousand  dollars  herein 
appropriated  for  the  school  at  Huntsville  ;  Provided,  this- 
act  shall  not  take  effect  until  the  first  day  of  September, 
1885. 

§  3 .  School  under  control  of  three  commissioners ,  who- 
elect  chairman  and  make  quarterly  reports. — The  school 
shall  be  under  the  direction,  control  and  supervision  of  j 
a  board  of  three  commissioners,  who  shall  consist  of  the 
following  persons,  to- wit :  John  M.  Crowder,  A.  S. 
Fletcher  and  S,  I.  Mayhew,  who  may  fill  any  vacancy 
that  may  occur  in  the    board    of    commissioners.     The 


85 

jommissioners  shall  elect  one  of  their  number  chairman, 
md  tliey  shall  report  quarterly  to  the  Superintendent 
jf  Education  how  many  pupils  have  been  in  attendance, 
»vhat  branches  have  been  taught,  and  other  facts  of  in- 
erest  and  importance  appertaining  to  the  school. 

5  4.  Bond  required  of  chairman ,  approval  thereof;  certi- 
fied copy  filed  in  office  of  superintendent. — The  chairman  of 
the  board  of  commissioners  shall  give  bond  in  double  the 
amount  of  the  appropriation  to  the  school,  for  the  legal 
and  faithful  application  of  the  sum  appropriated,  the 
bond  to  be  approved  by  the  judge  of  probate  of  Madison 
county,  and  a  certified  copy  thereof  sent  to  the  Superin- 
tendent of  Education  to  be  filed  in  his  office. 

^  5.  Money,  lioiu  drawn. — Tlie  chairman  of  the  board 
of  commissioners,  after  having  given  bond  as  hereinbe- 
fore prescribed,  and  the  bond  shall  have  been  approved 
as  herein  provided,  and  a  certified  copy  thereof  filed  in 
the  office  of  the  Superintendent  of  Education,  shall  pre- 
sent to  the  Superintendent  of  Education  a  requisition  for 
the  amount  herein  appropriated,  and  the  Superintendent 
of  Education  shall  thereupon  certify  the  amount  of  four 
thousand  dollars  to  the  State  Auditor  who  shall  draw 
"his  warrant  for  the  sum  on  the  State  Treasurer,  payable 
to  the  chairman  of  the  board  of  commissioners,  for  the 
maintenance  and  support  of  the  normal  school. 

[By  act  approved  February  13,  1891,  the  grant  of 
money  made  by  the  United  States  for  the  more  complete 
endowment  and  support  of  the  colleges  fbr  the  benefit  of 
agriculture  and  the  mechanic  arts,  is  divided  in  the  ratio 
of  fifty-six  and  six-tenths  per  cent.  (56.6)  for  the  school 
for  whites  and  forty-three  four-tenths  (43.4)  for  the 
school  for  the  colored  race,  between  the  A.  &  M.  College 
of  Alabama  at  Auburn  and  the  Huntsville  State  Colored 
Normaland  Industrial  School.] 


NORMAL  SCHOOL  FOR  COLORED  TEACHERS  AT 
TUSKEGEE. 


Section  1.  George  W.  Campbell,  S.  Q.  Hale,  Louis 
Adams,  Oliver  Howard,  Henry  D.  Smith,  B.  T.  Wash- 
ington, Geo.  S.  Chaney,  R.  C.  Bedford,  Warren  Logan ,^ 
C .  N.  Dorsette ,  and  such  others  as  they  may  under  this 
act  associate  with  them,  and  their  successors  be,  and  are 
hereby  constituted  a  body  politic,  and  corporate,  by  the 
name  of  the  Tuskegee  Normal  and  Industrial  Institute, 
and  shall  have  perpetual  succession  and  a  common  seal, 
and  by  the  name  aforesaid,  they  and  their  successors 
shall  be  capable  in  law,  and  shall  have  full  power  and 
authority,  to  acquire,  hold,  possess,  purchase,  receive 
and  retain  to  themselves  and  their  successors  forever  any 
lands,  tenements,  rents,  goods,  chattels,  or  interest  of 
any  kind  whatsoever,  which  may  be  given  or  bequeathed 
to  them  or  by  them  purchased,  or  which  have  already 
been  bequeathed  or  purchased  for  the  use  of  the  said  in- 
stitution ;  and  said  trustees  may  receive  any  gift  or  in- 
heritance which  may  be  given  as  an  endowment  fund, 
and  they  and  their  successors  shall  have  full  power  to 
convey,  transfer  and  dispose  of  the  same  in  any  manner 
whatsoever  the  may  judge  most  useful  to  the  interest  and 
legal  purposes  of  said  institution,  and  by  their  corporate 
name  they  may  sue  and  implead,  and  be  sued  and  im- 
pleaded, answer  and  be  answered,  in  all  courts  of  law 
and  equity,  and  said  trustees  shall  have  the  right  to  make 
contracts  in  behalf  of  said  institution. 

Sec.  2.  The  purposes  of  said  Tuskegee  Normal  and 
Industrial  institution  shall  be  as  follows  :  for  the  instruc- 
tion of  colored  teachers  and  youth  in  the  various  common 


87 

academic  and  collegiate  branclies.  the  best  method  of 
teaching  the  same,  the  best  method  of  theoretical  and 
practical  industry  in  their  application  to  agriculture  and 
the  mechanic  arts,  and  for  the  ca,rrying  out  of  these  pur- 
poses said  trustees  shall  have  the  power  to  establish  and 
provide  for  the  support  of  anj'-  department  or  school  in 
said  institution,  and  to  control  the  operationf  of  the  same; 
to  grant  such  diplomas,  and  to  confer  such  degrees,  as 
are  customary  in  other  colleges  of  like  grade  ;  to  appoint 
such  officers  for  presiding  over  and  transn.cting  tlio  busi- 
ness of  their  body  as  may  be  necessary  and  prescribe 
their  duties  and  obligations  ;  to  appoint  the  time  and 
place  of  their  meeting,  to  determine  their  own  tenure  of 
office,  and  to  adopt  such  rules,  regulation  and  by-laws, 
not  contrary  to  the  laws  of  this  State  or  the  United 
States  as  may  be  necessary  for  the  good  government  of 
the  said  Tuskegee  Normal  and  Industaial  Institute.  Said 
institute  shall  not  be  begun  nor  continued  with  a  less 
number  than  twenty-five  pupils,  nor  be  taught  for  a  pe- 
riod less  than  nine  months  of  each  year.  Pupils  from 
this  State  shall  be  admitted  free  of  tuition  on  giving  an 
obligation  in  writing  to  teach  for  two  years  in  the  public 
schools  of  this  State  after  they  have  become  qualified. 

Sec.  3.  When  there  shall  be  a  vacancy  in  the  board 
of  trustees  occasioned  by  death,  resignations,  removal  or 
refusal  to  act,  the  remaining  trustee  or  a  majority  of 
them  shall  supply  the  vacancy  at  the  next  annual  meet- 
ing. It  shall  be  lawful  for  any  five  of  the  trustees  to  call 
a  meeting  of  the  trustees  whenever  it  is  deemed  expe- 
dient to  do  so. 

Sec.  4.  The  number  of  trustees  shall  never  be  less 
than  seven  nor  more  than  fourteen,  the  majority  of  whom 
shall  constitute  a  quorum. 

Sec.  5.  All  property  acquired  by  said  Tuskegee  Nor- 
mal school,  or  Tuskegee  Institute,  or  by  whatever  name 
so  called  before  the  passage  of   this   act,  are  hereby  rati- 


88 

fied  and  confirmed  to  the  trustees  of  the  Tuskegee  Nor- 
mal and  Industrial  Institute. 

Sec  .  6.  There  is  hereby  appropriated  out  of  the  gen- 
eral school  revenue  the  sum  of  three  thousand  dollars 
annually  toward  the  maintenance  and  support  of  said 
school,  and  the  apportionment  of  the  general  fund  for 
colored  children  shall  be  made  to  the  several  counties  of 
this  State  after  the  deduction  of  the  sum  herein  appro- 
priated. The  said  appropriation  shall  be  under  the  con- 
trol of  the  commissioners  hereinafter  provided  for,  and 
shall  be  applied  in  such  manner  as  they  may  deem  best 
to  carry  out  the  purposes  of  this  act,  and  said  commis- 
sioners shall  be  members  of  said  board  of  trustees  with 
the  same  rights  and  powers  as  the  other  trustees. 

Sec.  7.  The  appropriation  shall  be  under  the  direc- 
tion and  control  of  a  board  of  three  commissioners, 
which  shall  consist  of  the  following  persons,  to-wit : 
George  W.  Campbell,  S.  Q.  Hale  and  Louis  Adams,  who 
shall  elect  one  of  their  number  os  chairman  of  their 
board,  and  shall  have  power  to  fill  any  vacancy  that  may 
occur  in  the  board.  In  case*  a  majority  of  the  commis- 
sioners cannot  agree  upon  a  person  to  be  chairman,  or  a 
person  to  fill  a  vacancy  in  the  board;  then  such  disagree- 
ment shall  be  certified  to  the  superintendent  of  education 
for  the  State  ;  that  officer  shall  forthwith  appoint  a  mem- 
ber of  the  board  to  be  chairman,  or  a  person  to  fill  the 
vacancy,  as  the  case  may  be,  and  the  member  of  the 
board  so  appointed  as  chairman,  and  the  person  so  ap- 
pointed to  the  vacancy,  shall  have  the  same  power  and 
authority  as  if  he  had  been  selected  by  the  board.  The 
commissioners  shall  make  an  annual  written  report  to 
the  superintendent  of  education  of  the  condition  and 
progress  of  the  school,  the  teachers  tliat  have  been  em- 
ployed, the  number  of  pupils  that  have  been  in  attend- 
ance, the  manner  in  which  the  appropriation  has  been 
expended,  the  branches  that  have  been  taught,  and  such 


89 

other  facts  relating  to  the  school  as  may  be  of  public  in- 
terest and  importance. 

Sec  .  8.  The  chairman  of  the  board  of  commissioners 
shall  give  bond  in  double  the  amount  of  the  appropria- 
tion for  the  safe  keeping  and  faithful  application  of  the 
sum  appropriated ;  the  bond  to  be  approved  by  the  judge 
of  probate  of  Macon  county  and  filed  in  his  office,  a  cer- 
tified copy  of  which  shall  be  forwarded  to  the  State  Su- 
perintendent of  Education,  to  be  placed  on  file  in  his 
office .  » 

Sec.  9.  The  chairman  of  the  board  of  commissioners 
of  the  Tuskegee  Normal  and  Industrial  Instnuie  ahail, 
after  the  approval  and  filing  of  the  bond,  and  the  certi- 
fied copy  of  the  same  as  provided  hereinbefore,  present 
to  the  State  Superintendent  of  Education  a  requisition 
for  the  amount  herein  appropriated,  and  the  superinten- 
dent of  education  shall  thereupon  certify  the  amount  to 
the  State  Auditor,  who  shall  draw  his  warrant  for  the 
same  on  the  State  Treasurer,  payable  to  the  chairman  of 
the -board  of  commissioners,  for  the  maintenance  and 
support  of  the  said  Tuskegee  Normal  and  Industrial  In- 
stitute, as  hereinbefore  provided,  and  a  like  requisition 
shall  be  presented,  and  the  sum  herein  appropriated  so 
drawn  each  year  as  the  same  shall  accrue. 

Sec.  10.  So  long  as  the  property,  real  and  personal  of 
the  said  Tuskegee  Normal  and  Industrial  Institute  is 
used  for  the  purposes  of  education,  the  same  shall  be  ex- 
empt from  taxation  of  any  kind. 

Sec.  11.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  any  of  the  provisions  of  this  act 
be,  and  the  same  are,  hereby  repealed. 

Approved  February  21,  1893. 


LOCAL  LAWS. 


MOBILE  COUNTY. 

§  1.  Expiration  of  term  of  service  of  school  officers  in 
office  February  IS,  1876. — The  Superintendent  of  Public 
Schools  and  the  School  Commissioners  in  office  Febru- 
ary 15, 1876,  in  the  county  of  Mobile,  shall  continue  in 
office  until  the  first  Wednesday  of  September,  1876,  at 
which  time  their  term  of  service  shall  expire. 

§  2.  When  succeessors  elected,  and  commencement  of 
term  of  service. — At  the  general  election  in  August,  1876, 
there  shall  be  elected  by  the  qualified  electors  of  the 
county  of  Mobile,  six  commissioners  of  public  schools, 
two  of  whom  shall  reside  at  least  six  miles  from  the 
court-house  in  the  county,  whose  term  of  office  shall 
commence  on  the  first .  Wednesday  of  September  next 
after  the  election. 

§  3.  How  new  board  of  commissioners  constituted,  classi- 
fied, and  of  subsequent  election. — On  the  first  Wednes- 
day of  September,  1876,  the  commissioners  so  elected 
shall  meet  at  the  rooms  of  the  board  of  school  commis- 
soners,  and  shall  elect  by  ballot,  three  members  of  the 
present  board,  who,  with  members  previously  elected, 
shall  constitute  the  board  of  school  commissioners  of  the 
county  of  Mobile.  The  school  commissioners  shall  then 
be  divided  into  three  classes,  as  follows  :  The  members 
elected  from  the  existing  or  old  board ,  shall  be  classed 
number  one;  the  other  six  shall  be  formed  into  two 
tickets,  having  one  country  member  on  each,  and  the 
ticket  shall  be  drawn  for,  and  the  first  drawn  for  shall 
be  classed  number  two,  and  the  other  shall   be   classed 


91 

number  three.  At  the  general  election  in  1878,  three 
commissioners  shall  be  elected  by  the  qualified  electors 
in  the  county,  in  place  of  those  comprising  class  number 
one.  At  the  general  election  in  1880,  three  commission- 
ers shall  be  elected  in  place  of  those  comprising  class 
number  two  ;  and  so  on  every  year.  At  the  general  elec- 
tion in  the  county,  three  of  the  board  shall  be  elected 
by  the  qualified  electors  of  the  county  according  to  their 
classification  in  numerical  order. 

§  4.  President  and  vice-president  of  board;  county  super- 
intendent; terms  of  office;  oath;  other  officers  and  agents. — The 
school  commissioners  may  elect  a  president  and  vice- 
president,  who  shall  hold  their  offices  respectively  until 
the  first  Wednesday  in  September  after  the  next  election 
of  school  commissioners.  They  shall  also  elect  a  county 
superintendent  of  education,  who  shall  hold  his  office 
for  the  period  of  four  years  ;  and  they  may  elect  or  ap- 
point such  other  officers  and  agents  as  they  may  from 
time  to  time  deem  expedient.  The  members  of  the 
board  and  the  county  superintendent  shall  severally 
make  oath  before  the  judge  of  probate  of  Mobile  county, 
that  they  will  faithfully  and  properly  demean  themselves 
in  their  respective  offices  to  the  best  of  their  ability. 

§  5.  Incorporation  of  board;  general  powers. — The  board 
of  school  commissioners  shall  receive,  levy;  assess  and 
collect  all  devises,  revenues  and  taxes  to  which  they 
were  by  law  entitled  at  the  date  of  the  organization  of 
the  board  of  education  of  the  State  of  Alabama ;  and 
the}"  shall  have  full  power  to  continue  in  force,  revise, 
modify  and  improve,  as  to  them  may  seem  fit,  the  pub- 
lic school  system  existing  in  the  county  of  Mobile,  and 
to  make  such  by-laws,  rales  and  regulations,  not  jnoon- 
sist9n<^  with  the  ""aws  of  this  State  or  of  the  United 
States,  for  the  government  of  the  board  and  of  such 
schools,  as  they  may  deem  expedient  or  necessary. 
They  shall  hold  regular  meetings  of  the  board ,   at   such 


92 

time  as  they  may  fix  upon,  and  adjourned  or  special 
meetings  when  necessary.  Five  member  of  the  board 
shall  constitute  a  quorum  for  the  trasaction  of  business, 
but  no  business  involving  a  change  in  the  system,  rules 
or  regulations,  or  affecting  the  general  interest  of,  the 
county,  shall  be  transacted  except  at  the  regular  meet- 
ing, after  notice  given,  or  wneu  a  full  board  is  in  attend- 
ance. The  board  shall  be  a  body  corporate,  may  have  a 
common  seal,  may  sue  and  be  sued,  shall  have  power  to 
purchase  or  lease  such  property  for  school  purposes  as 
in  their  judgment  may  be  necessaiy  for  the  proper  ac- 
commodation and  comioru  ol  pupils  and  teachers,  and 
may  fix  the  compensation  and  bonds  of  its  officers, 
agents  and  employes,  and  change  the  same  at  pleasure  ; 
but  the  sum  or  sums  so  expended  shall  not  exceed  in 
any  one  year,  twenty  per  cent,  of  the  income  of  the 
board,  exclusive  of  the  amounts  derived  from  the  public 
school  revenue.  The  board  shall  also  have  power  to  sell 
or  exchange  any  of  the  pruperty,  the  Barton  Academy 
buildings  only  excepted ;  but  when  the  value  of  such 
property  shall  not  exceed  five  thousand  dollars,  two-thirds 
of  the  members  of  the  board  shall  vote  in  favor  of  the 
sale,  and  when  the  value  exceeds  five  thousand,  the  sale 
to  be  valid,  shall  receive  the  unanimous  vote  of  the 
boards  and  be  approved  by  the  judge  of  probate  of  Mobile 
county. 

§  6.  Filling  vacancy;  proceedings  recorded;  semi-annual 
publications;  report  to  superintendent. — The  board  of  school 
commissioners  have  power  to  fill  any  and  all  vacancies 
that  occur  therein,  or  in  the  office  of  superintendent; 
and  the  persons  that  may  be  elected  by  the  board  to  fill 
vacancies  shall  hold  their  offices  until  the  term  for  which 
their  predecessors  were  elected  shall  expire.  The  board 
shall  cause  full  minutes  of  its  proceeding  to  bo  kept,  in 
well  bound  books,  subject  at  all  times  to  the  inspection 
of  the  citizens  of -Mobile  county.     It  shall   cause    to  be 


93 

published  semi-annuall}^  in  one  or  more  newspapers 
published  in  the  city  of  Mobile,  a  full  statement  of  the 
revenue  and  disbursements  of  the  preceding  six  months, 
the  number  of  schools  kept,  of  teachers  employed,  and  of 
pupils  instructed.  It  shall  transmit  annually  to  the 
Superintendent  of  Education,  to  be  by  him  laid  before 
the  General  Assembly,  a  full  statement  of  its  receipts 
and  disbursements  during  the  year,  and  such  further  in- 
formation and  statistics  of  its  transactions  as  the  Super- 
intendent may  require. 

§  7.  The  county  superintendent  of  Mobile  county. — The 
county  superintendent  of  education  shall  be  ex-officio  a 
member  and  treasurer  of  the  board  of  school  commission- 
ers and  it  shall  be  his  duty  to  be  present  at  every  regu- 
lar meeting  of  the  board,  and  make  full  and  detailed  re- 
ports of  the  condition  of  the  schools  and  all  matters  com- 
ing under  his  supervision  as  often  as  the  board  may  re- 
quire. He  shall  have,  under  the  direction  of  the  board, 
general  supervision  of  the  public  schools*in  the  county 
of  Mobile,  shall  collect,  receive  and  disburse  the  reven- 
ues of  the  board,  under  such  rules  and  regulations  there- 
for as  the  board  may  from  time  to  time  prescribe,  and 
shall  make  detailed  exhibits  of  all  receipts  and  expendi- 
tures, accompanied  by  proper  vouchers,  at  such  times  as 
the  board  may  require,  and,  in  general,  shall  perform 
all  duties  and  carry  into  effect  all  orders  and  resolutions 
which  the  board  may  establish  and  direct.  He  shall  re- 
ceive such  compensation  for  his  service  as  the  board 
may  ordain,  and  may,  at  any  time,  be  removed  from 
oflfice  for  dereliction  in  duty,  after  the  due  examination 
had  ;  but  not  less  than  two-thirds  of  the  members  com- 
prising the  board  shall  vote  in  favor  of  such  removal. 
He  shall  give' good  and  sufficient  bond,  to  be  approved 
by  the  president  of  the  board  and  the  judge  of  'probata 
of  the  county,  in  sucii  sum  as  the  board  may  determine  ; 
but  the  penalt}'  of  the  bond  shall  not  be  required  to  ex- 
ceed double  the  amount  of  money  which  the  Superin- 
tendent can  receive  and  have  in  possession  at  any  time. 


CITY  OF  BIRMINGHAM. 


The  mayor  aud  aldermen  shall  have  power  to  estab- 
lish and  maintain  free  white  public  schools  and  free  col- 
ored public  schools  in  said  city,  in  which  the  children 
ana  vvaids  iiuoi  ocveu  lu  ovvuiiiy-ouc  years. oi  i-i^w,  oi  ctxl 
actual  residents,  within  the  corporate  limits,  shall  be  en- 
titled to  seats  as  pupils :  Provided,  such  children  are 
themselves  bona  fide  residents  of  said  city ;  but  non-resi- 
dent children  may  be  admitted  into  such  schools  on  such 
terms  as  the  board  of  education  may  prescribe,  and  sep- 
arate schools  shall  be  provided  for  the  children  of  citi- 
zens of  African  descent.  The  public  schools  of  said  city 
shall  be  under  the  charge  of  the  board  of  education,  to 
consist  of  the  mayor  and  six  other  persons,  to  be  elected 
by  the  mayor  and  board  of  aldermen.  The  board  of  ed- 
ucation existing  at  the  time  this  act  goes  into  effect, 
shall  exercise  the  powers  and  perform  the  duties  herein- 
after provided  ;  aud  the  rasmbers  thereof  shall  hold  office 
during  the  time  for  which  they  were  elected.  The  suc- 
cessors to  eaph  of  said  board  shall  be  elected  at  the  ex- 
piration of  the  term  of  such  members,  two  members  be- 
ing elected  annually,  and  the  term  of  office  shall  be  three 
years.  Each  member  of  the  board  of  education,  except 
the  mayor,  shall,  upon  his  induction  into  office,  take  an 
oath,  to  be  administered  by  the  mayor,  to  faithfully  dis- 
charge his  duties  as  a  member  of  said  board.  The  board 
of  education  shall  have  the  following  powers  and  duties  : 
1.  To  build  upon  the  school  property  of  the  city  suitable 
houses  for  the  use  and  accommodation  of  the  public 
schools,  or  to  rent  such  houses,  and  to  keep  such  houses 
in  repair,  and  furnish  the  same  with  proper  furniture 


95 

and  apparatus.  2.  To  open  a  sufficient  number  of 
schools  to  meet  the  wants  of  the  population  of  the  city  ; 
elect  a  superintendent  of  schools,  the  principals  and  all 
teachers,  fix  their  compensation  and  prescribe  their  du- 
ties ;  control  the  distribution  of  teachers  and  pupils 
among  the  several  schools  ;  dictate  the  course  of  instruc- 
tion, the  number  and  character  of  textbooks,  the  organ- 
ization of  classes,  and  the  method  of  teaching ;  to  pre- 
scribe rules  and  regulations  for  the  government  of  the 
schools,  and  to  exercise  such  additional  powers  as  will 
be  necessary  to  give  it  complete  control  of  the  public 
schools  of  the  city  ;  but  the  plan  of  instruction  and  the 
rules  and  regulations  adopted  by  the  board  of  education 
shall  be  adhered  to  unless  altered  by  a  two-thirds  vote. 
3.  To  issue  diplomas  to  all  persons  who  satisfactorily 
complete  the  course  of  study  prescribed  for  the  public 
high  school.  4.  To  charge  in  the  high  school  such  inci- 
dental or  other  fees  as  may  be  deemed  necessary  for  the 
proper  conduct  thereof ;  but  no  fee,  or  charges  of  any  de- 
scription, must  be  made  in  any  of  the  schools  of  lower 
grade  than  the  high  school , 

5.  It  shall  be  the  duty  of  the  board  of  education,  be- 
fore the  first  Wednesday  in  April  in  each  year,  to  pre- 
pare and  file  with  the  mayor,  an  estimate  of  the  money 
that  will  be  required  for  the  maintenance  of  the  public 
schools  for  the  succeeding  scholastic  year,  and  the  erec- 
tion and  repair  of  necessary  school  buildings;  and  the 
board  of  mayor  and  aldermen  of  said  city  shall ,  so  far  as 
they  are  able  with  the  means  at  hand,  of  which  the 
mayor  and  aldermen  shall  be  the  judges,  make  the 
necessary  provisions  to  supply  whatever  additional  funds 
may  be  necessary  to  meet  the  estimate  so  made.  All 
funds  devoted  to  public  school  purposes  in  said  city, 
whether  derived  from  the  State,  county  or  city,  shall  be 
paid  into  the  city  treasury,  and  shall  be  disbursed  as  the 
board  of  education  mav  direct ;  Provided,   that   not  more 


96 

than  four  per  cent,  of  the  money  derived  from  the  State 
shall  be  used  otherwise  than  for  the  payment  of  teachers- 
employed  in  such  schools. 

6.  To  create  a  board  for  the  examination  of  applicants 
for  positions  as  teachers  in  the  public  schools  of  the  city; 
and  no  person  shall  be  elected  as  a  teacher  in  such 
schools  who  shall  not  have  received  a  license  from  such 
board ;  and  the  board  of  education  may  in  its  discretionr 
institute  competitive  examinations  of  applicants  for  posi- 
tions as  teachers  in  the  public  schools,  including  licensed 
teachers,  who  are  applicants  for  re-election. 

Approved  December  12,  1890. 


AN  ACT 

To  amend  sections  8  and  10  of  an  act  to  create  the  board 
of  education  of  the' city  of  Birmingham,  and  to  pre- 
scribe the  powers  and  duties  of  the  same . 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Alabama,  That  section  8  of  an  act  to  create  a  board  of 
education  for  the  city  of  Birmingham,  and  to  prescribe 
the  powers  and  duties  of  the  same  is  hereby  amended  so 
as  to  read  as  follows  :  Section  8.  That  the  board  of  ed- 
ucation shall  have  power  to  charge  non-resident  pupils^ 
attending  the  several  grades  of  said  schools  such  tuition 
or  other  fees  as  it  many  deem  necessary  for  the  proper 
conduct  of  such  school.  Provided  :  that  the  said  board 
of  education  may,  in  their  discretion  assign  such  free 
scholarships  in  the  various  grades  of  such  schools  a& 
they,  in  their  judgment,  deem  proper. 

Sec.  2.  Be  it  further  enacted,  That  section  10  of  said 
act  be  amended  so  as  to  read  as  follows  :  Section  10. 
That  all  moneys  devoted  to  school  purposes  in  the  city 
of  Birmingham,  whether  derived  from  state,  county  or 


97 

«ity  of  Birmingham,  or  obtained  by  gift  or  bequest,  or 
in  any  other  manner  whatsoever,  shf^ll  be  paid  over  into 
the  hands  of  a  treasurer,  elected  by  the  board  of  educa- 
tion, as  herein  provided,  all  moneys  intended  for  school 
purposes  in  the  hands  of  the  treasurer  of  the  city  of  Bir- 
mingham, together  with  the  poll  tax  and  the  amount  of 
the  estimate  for  any  scholastic  year  filed  with  the  mayor 
and  aldermen  as  provided  in  section  9  of  this  act,  Rud 
•hall  be  by  him  paid  over  to  the  treasurer  of  the  board 
of  education  in  three  equal  installments,  on  the  first  day 
of  September,  the  first  day  of  Decembe#,  and  the  first 
day  of  March  of  the  said  year.  Such  moneys,  together 
with  all  unexpended  balances  in  the  hands  of  said  treas- 
urer of  the  board  of  education,  shall  constitute  a  school 
fund  which  shall  be  disbursed  in  the  interests  of  the  pub- 
lic schools  of  Che  city  of  Birmingham  in  such  manner  as 
the  board  of  education  may  direct. 

Sec.  3.  Be  it  further  enacted,  That  the  said  treasurer 
•hall  execute  a  bond,  the  amount  of  the  same  to  be  fixed 
by  the  said  board  of  education  of  the  city  of  Birming- 
ham. 

Skc.  4.  That  said  board  of  education  shall  have  power 
to  build  upon  the  property  of  the  city,  suitable  houses 
for  the  use  and  accommodation  of  the  public  schools  of 
•aid  city,  whenever  funds  shall  have  been  provided  for 
the  same,  or  the  board  may  rent  such  houses,  and  shall 
keep  said  houses  in  repair  and  furnished  with  suitable 
furniture,  apparatus  and  appliances,  and  to  enable  said 
board  to  do  this  and  maintain  an  efficient  system  of  pub- 
lic schools  free,  as  nearly  as  'practicable  to  all  the  school 
children  in  the  city,  there  is  hereby  laid  and  levied  upon 
all  the  taxable  property  within  the  corporate  limits  of  the 
said  city,  or  that  may  be  lawfully  taxable  therein,  an 
amnual  tax,  two-tenths  of  one  per  cent,  or  twenty  cents 
on  every  one  hundred  dollars  worth  of  such  property, 
7 


98  ' 

which  shall  be  assessed  by  the  tax  assessor  of  Jefferson 
county  at  the  same  time,  and  in  the  same  manner,  and 
■under  the  same  penalties  and  entered  on  the  same  lists 
with  other  state  taxes.  And  the  same  shall  be  collected 
by  the  tax  collector  of  Jefferson  county  at  the  same  time 
with  and  as  a  part  of  the  state  taxes.  And  when  col- 
lected shall  be  paid  over  each  week  to  the  treasurer  of 
said  board  to  be  by  him  paid  out  and  expended  under 
the  orderp;  and  direction  of  the  said  school  board  that 
whenever  tne  tax  levied  by  the  state  shall  exceed  riity- 
five  cents  on  livery  one  hundred  dollars  of  taxable  prop- 
eirty,  then  the  tax  hereby  levied  shall  be  diminished  to 
that  rate  which  added  to  the  rate  levied  by  the  state  shall 
not  exceed  seventy- five  cents  on  every  one  hundred  dol- 
.lars  worth  of  taxable  property,  the  limit  fixed  by  the  con- 
stitution . 

Sec.  5.  And  that  all  laws  and  parts  of  laws  in  con- 
flict Afith  this  the  provisions  of  this  act  be  and  the  same 
are  repealed. 

Approved  February  18th,  1895. 


CITY  OF  MONTGOMERY. 


The  corporate  limits  of  the  city  of  Montgomery  as 
now  established,  and  as  changed  from  time  to  time  shall 
constitute  a  school  distrirt  separate  and  apart  from  the 
other  districts  in  Montgomery  county,  ihe  manage- 
ment and  control  of  the  public  schools  in  the  city  shall 
continue  for  the  current  scholastic  year  as  now  organiz- 
ed and  conducted .  Thereafter  there  shall  be  a  city  board 
of  education  which  shall  consist  of  five  members  who 
shall  be  qualified  city  electors  and  reside  in  the  city, 
and  shall  not  be  members  of  the  city  council.  It  shall 
be  the  duty  of  the  city  council  as  soon  as  practicable 
after  the  next  municipal  election  to  el6ct  five  members 
of  said  board,  who  shall  hold  their  offices  respectively 
for  one,  two,  three,  four  and  five  years,  the  term  of  the 
several  members  so  elected  to  be  assigned  to  them  re- 
spectively by  the  city  council  at  the  time  of  such  elect- 
ion, in  such  manner  as  the  cuy  council  may  adopt,  and 
annually  after  such  first  election  the  city  council  shall 
«lect  one  member  of  said  board,  whose  term  of  office 
shall  be  five  years  and  in  the  event  of  a  vacancy  from 
•  any  cause  in  the  said  board  of  education,  the  city  coun- 
\  til  shall  elect  a  new  member  to  fill  out  the  unexpired 
term.  It  shall  be  the  duty  of  said  board  of  education 
to  prescribe  and  pass  upon  the  qualifications  of  and  elect, 
subject  to  the  confirmation  of  the  council,  the  superin- 
;  undent,  and  also  elect  principals  and  teachers  for  the 
public  schools  in  the  city,  and  they  may  hold  annual 
competitive  examinations  of  applicants  for  positions  as 
principals  and  teachers  in  the  public  schools  of  said  city 
including  principals  and  teachers  in  the  schools  who  are 


100 

candidates  for  re-election,  and  shall  have  the  power  to 
grant  certificates  of  qualifications  of  different  grades  to 
all  applicants  who  pass  examinations,  and  may  issue 
diplomas  to  graduates  of  the  high  school,  and  shall  have 
the  power  to  adopt,  and  from  time  to  time,  alter  and  re- 
peal such  by-laws,  rules  and  regulations  as  they  may 
deem  proper  for  their  own  government  of  the  schools, 
and  for  the  conduct  of  the  business  before  said  board, 
not  inconsistent  with  the  laws  of  this  State,  or  ordin- 
ances of  the  city  council.  Said  board  shall  have  control 
and  management  of  said  schools,  and  shall  have  the 
right  to  prescribe  and  make  changes  in  the  books  used 
in  said  schools  and  generally  to  regulate  the  course  of 
instruction  and  method  of  teaching.  It  shall  be  the  du- 
ty of  s.aid  board  to  visit  the  schools  at  least  once  a  month. 
Said  board  shall  prescribe  the  terms  of  principals  and 
teachers  and  within  the  limits  of  the  fund  appropriated  or 
received  for  school  purposes,  shall  fix  the  salaries  of  princi- 
pals and  teachers,  and  may  at  the  pleasure  of  said  board  in- 
crease or  diminish  such  salaries  for  the  several  positions, 
provided  that  the  salary  of  no  person  occupying  the  pos- 
ition of  superintendent,  principal  or  teacher  shall  be  in- 
creased or  diminished  during  the  term  for  which  he  (or 
she)  was  elected,  and  th©  term  of  office  of  the  superin- 
tendent of  the  schools,  shall  be  two  years.  It  shall  b« 
the  duty  of  said  board  to  require  the  superintendent  of 
the  public  schools  to  keep  full  and  accurate  accounts  of 
all  moneys  received  and  disbursed  for  the  above  schools; 
they  shall  report  to  the  city  council  the  amount  of  all 
salaries,  as  fixed  by  them,  and  the  city  clerk  shall  issue 
on  the  first  day  of  each  month  a  warrant  on  the  treasurer 
for  the  salaries  of  the  superintendents,  principals  and 
teachers  for  the  preceding  month.  The  salary  of  the 
superintendent  shall  be  fixed  by  the  board  of  education 
and  shall  not  exceed  two  thousand  dollars  per  annum. 
Said  board  shall  have  and  exercise  such  other  powers  as 


101 

may  be  necessary  to  give  such  board  complete  control  of 
the  public  schools  in  the  city,  not  inconsistent  with  the 
provisions  of  this  charter.  The  said  city  council  shall 
have  the  power  to  lease  or  build  school  houses,  and  shall 
have  the  power  to  buy  or  lease  lands  for  the  purpose  of 
building  school  houses,  taking  the  deeds  and  leases  to 
the  city  of  Montgomery,  and  also  to  purchase  and  fur- 
nish school  buildings  and  to  make  such  appropriations 
and  exercise  all  control  they  now  exercise  in  respect  to 
the  maintenance  of  said  city  public  schools,  not  incon- 
sistent with  the  provisions  of  this  act.  The  said  school 
district  shall  receive  its  proportionate  share  of  the  public 
school  revenue,  and  shall  also  receive  all  taxes  collected 
as  poll  taxes  within  the  said  district,  for  the  use  and 
maintenance  of  the  public  schools  therein  and  which 
shall  be  collected  by  the  superintendent  of  the  schools 
and  by  him  paid  to  the  city  treasurer,  and  all  other 
funds  collected  by  him  shall  be  paid  to  the  city  treasurer, 
who  shall  issue  a  receipt  for  all  such  moneys  received. 
It  shall  be  the  duty  of  the  city  clerk  and  treasurer  to 
credit  the  school  department  of  the  city  with  such  pay- 
ment, in  addition  to  the  moneys  appropriated  to  *  said 
departments  by  said  city  council  as  herein  provided,  and 
all  funds  so  credited,  shall  be  paid  out  on  requisition  of 
said  board  as  other  moneys  in  the  city  treasury  are  di- 
rected to  be  paid  out.  The  said  city  council  of  Mont- 
gomery may  appropriate  out  of  the  revenues  of  said  city, 
in  addition  to  the  other  funds  provided  for  in  this  char- 
ter, such  snips  as  they  may  determine  for  the  use  and 
maintenance  of  the  said  schools,  and  may  also  make 
such  appropriations  as  may  be  necessary  for  the  furnish- 
ing, lease  and  erection  of  school  buildings  and  the  pur- 
chase and  lease  of  lands  on  which  to  erect  school  houses. 
The  said  board  of  education  may  at  any  time  remove 
said  superintendent  of  schools,  or  any  officer  or  teacher 
therein,  and  said  superintendent,  officer   or   teacher   of 


102 

said  schools  -when  removed  shall  be  ineligible  for  re-eleo 
tion  during  the  term  for  which  they  were  originally  elect- 
ed. All  vacancies  in  the  offices  of  superintendent,  prin- 
cipals and  teachers  shall  be  filled  by  the  said  board  of 
education.  The  superintendent  of  said  public  schools 
shall  give  bond  in  the  sum  of  three  thousand  dollars. 
He  shall  personally  overlook,  supervise  and  manage  the 
said  public  schools  under  the  direction  of  the  said  board 
of  education ;  shall  attend  to  the  taking  of  the  school 
census,  (with  such  assistance  as  may  be  aUowed  him 
by  the  council  to  be  paid  for  out  of  the  money  appropri- 
ated for  the  department  of  schools,)  which  census  shall 
be  taken  for  said  city  in  the  month  of  April  of  each  odd 
year,  and  it  shall  further  be  the  duty  of  said  superin- 
tendent to  make  full  and  complete  reports  to  the  State 
superintendent  of  education  and  to  said  city  council,  and 
to  discharge  such  other  duties  not  inconsistent  with  this 
act  as  the  said  city  council  and  board  of  education  may 
prescribe  ;  Provided,  that  the  term  of  office  of  the  mem- 
bers of  the  present  board  of  education  shall  in  no  man- 
ner be  affected  by  this  amendment.     Feb.  18,    1895. 


CITY    OF  SELMA. 


AN  ACT. 
To  incorporate  the  City  School  Board  of  Selma. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Alabama,  That  George  0.  Baker,  Courtney  J.  Clark, 
EHmund  W.  Pettus  William  E  Wailes.  George  Peacock, 
A.  M.  Fowlkes,  R.  M.  Nelson,  Samuel  M.  Sterne,  Jon- 
athan Haralson,  William  P.  Armstrong  and  Hugh  S.  D. 
Mallory,  who  are  now  the  trustees  of  Dallas  Male  and 
Female  Academy,  and  their  successors  in  office  as  such 
trustees,  be  and  they  are  hereby  incorporated  by  the 
name  of  The  City  School  Board  of  Selma. 

Sec.  2.  Be  it  turther  enacted..  That  the  city  school 
board  of  Selma  shalJ  have  exclusive  power  to  establish, 
Toguiaie,  control  and  conduct  the  public  schools  in  the 
school  district  of  Selma,  and  shall  be  capable  and  liable 
in  law  and  in  equity  to  sue  and  be  sued,  to  plead  and  be 
'iipleaded,  and  shall  have  power  to  make  such  by-laws, 
iiles  and  regulations  for  the  government  of  their  own 
body,  and  to  make  such  rules  and  regulations  for  the 
election  and  pay  of  teachers,  the  admission  of  pupils, 
and  the  conduct  and  control  of  public  schools  in  the 
school  districts  of  Selma  as  they  may  deem  necessary, 
not  inconsistent  with  the  constitution  or  laws  of  this 
^>tate  or  of  the  United  States. 

Sec.  3,  Be  it  further  enacted.  That  the  city  school 
board  of  Selma  shall  have  power  to  divide  Selma  into 
=^''bool  districts  and  to  oroct,  purchase  or  rent  buildings 
for  public  schools,  and  to  furnish  and  keep  the  same,  in 
repair  ;  to  establish  and  control  separate  schools  in  SeU 
ma  for  the  education  of  children  of  African  decent,  and 
separate  schools  for  the  education  of  white  children,  and 


104 

to  regulate  the  admission  of  pupils  to  all  such  public 
schools  ill  Selma;  and  to  establish  a  high  school  for  teach- 
ing the  higher  branches  of  education  and  to  award  di- 
plomas to  graduates  of  the  high  school  under  such  regu- 
lations as  they  may  adopt,  and  the  city  school  board  of 
Selma  shall  have  power  to  collect  a  contingent  fee  from 
each  pupil,  not  to  exceed  two  dollars  for  any  scholastic 
year  to  meet  current  expenses,  and  to  fix  and  collect 
such  tuition  fees  in  the  high  school  as  may  be  deemed 
necessary ,  in  addition  to  their  income  from  other  sources 
to  carry  on  said  school. 

Sec.  4.  Be  it  further  enacted,  That  all  money  appro- 
priated to  public  schools  in  Selma  by  this  state  shall  be 
paid  out  by  the  superintendent  of  education  for  the 
school  district  of  Selma,  as  now  provided  for  by  law, 
but  all  money  collected  by  .Selma  as  a  special  tax  under 
its  charter,  and  all  money  collected  by  Selma  for  the 
purposes  of  public  schools  in  Selma  shall  be  paid  to  the 
treasurer  of  the  city  school  board  of  Selma,  to  be  dis- 
bursed by  him"  under  the  directions  of  the  city  school 
board  of  Selma,  and  shall  make  annually  in  June  a 
statistical  and  financial  report  to  the  city  council  of 
Selma. 

Sec.  5.  Be  it  further  enacted,  That  the  city  school 
board  of  Selma  shall  have  power  to  appoint  such  officers 
and  agents  as  they  may  deem  necessary  to  carry  into 
effect  the  powers  herein  granted,  and  to  prescribe  the 
duties  of  such  officers  and  agents. 

Sec.  6.  Be  it  further  enacted,  That  nothing  in  this 
act  contained  shall  be  construed  to  be  an  amendment  of 
the  act  of  the  Legislature  of  the  State  of  Alabama,  ap- 
proved January  30th,  1845,  whereby  the  trustees  of 
Dallas  Male  and  Female  Academy  were  incorporated. 

Sec.  7.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  this  act  be  and  the  same  are 
t' hereby  repealed. 

Approved  December  10,  1890. 


CITY  OF  HUNTSYILLE.  J 


§  1.  Iluntsville,  a  district. — The  corporate  limits  of 
the  city  of  Huntsville  shall  constitute  a  school  district 
separate  from  the  remaining  school  districts  of  the 
county  of  Madison,  State  of  Alabama. 

§  2.  Fro  rata  share  of  school  revenues  to  he  received  a>nd 
disbursed  by  city  superintendent. — The  city  of  Huntsville, 
as  such  school  district,  shall  receive  its  proportional 
share  of  the  public^school  revenues,  including  a  pro  raia 
share  of  the  sixteenth  section  funds  of  each  township 
that  lies  partly  within  the  corporate  limits  of  said  city, 
and  shall  also  receive  all  the  tax  collected  as  pull  tax 
within  the  corporate  limits  of  the  city  ;  the  revenues  to 
be  drawn  aud  disbursed  by  the  city  superintendent  of 
education  in  the  same  manner  as  county  superintendents 
of  education  draw  and  disburse  revenues  for  their  re- 
spective counties,  and  the  amount  thus  drawn  by  the 
city  superintendent  of  education  shall  be  used  exclusively 
for  the  maintenance  of  public  schools  in  the  city. 

§  3.  City  Superintendent ;  bond,  powers  and  duties. — 
There  shall  be  a  superintendent  for  the  city  of  Hunts- 
ville, and  as  such  superintendent  he  shall  give  bond  and 
qualify  as  required  by  law  of  county  superintendents, 
and  shall  be  commissioned  as  superintendent  of  public 
schools  in  the  city  of  Huntsville ;  and  such  superintend- 
ent is  authorized  to  co-operate  with  the  board  of  mayor 
and  aldermen  of  the  city  of  Huntsville,  in  keeping  up 
fichools  in  the  city  of  Huntsville,  and  he  is  also  fully 
authorized  to  make  contracts  with  teachers  for  such 
schools,  and  to  make  with  the  educational  institutions 
in  the  city  of  Huntsville  all  such   necessary  and  proper 


106 

arrangements  for  the  keeping  up,  managing  and  con- 
ducting the  schools  in  the  city  as  may  be  found  best  for 
the  interests  of  its  citizens. 

§  4.  He  is  under  the  control  of  State  Superintendent; 
removal;  appointee ,  in  case  of  vacancy. — The  Superintend- 
ent of  Education  for  the  city  of  Huntsville  shall  be  un- 
der the  jurisdiction  and  control  of  the  Superintendent  of 
Education,  and  in  the  event  of  a  vacancy  occurring,  by 
reason  of  removal  from  office  of  the  city  superintendent 
of  education  by  the  Superintendent  of  Education,  or 
from  any  cause,  the  Superintendent  of  Education  shall 
appoint  his  successor ;  and  such  appointee  shall  give 
bond  and  qualify  as  other  county  superintendents. 

§  5.  Compensation  of  superintendent  for  city. — The 
superintendent  of  education  for  the  city  of  Huntsville 
shall  receive  for  his  services  such  compensation  as  may 
be  fixed  by  the  Superintendent  of  Education ;  but  in  no 
event  shall  it  exceed  one  hundred  dollars. 

§  6.  Enumeration  of  children ,  report  thereof,  and  com- 
pensation.— The  city  superintendent  shall,  during  the 
month  of  September,  1877,  and  every  two  years  there- 
after, cause  to  be  made  an  enumeration  of  all  the  chil- 
dren, white  and  colored,  male  and  female,  between  the 
ages  of  seven  years  and  twenty-one  years,  who  reside  in 
the  corporate  limits  of  Huntsville,  and  make  report 
thereof  to  the  Superintendent  of  Education  by  or  before 
the  first  day  of  October  in  each  year  in  which  the  enu- 
meration shall  be  taken ;  and  compensation  shall  be 
allowed  for  such  enumeration,  not  to  exceed  five  cents 
for  each  person  enumerated ;  but  such  money  may  be 
paid  out  of  the  money  raised  by  the  city  of  Huntsville 
for  school  purposes. 


CITY  OF  EUFAULA. 


The  corporate  limits  of  the  City  of  Eufaula,  in  Bar- 
bour county,  State  of  Alabama,  shall  constitute  a  school 
district  separate  and  distinct  from  the  remaining  school 
districts  and  parts  of  districts  of  said  county  of  Bar- 
bour. 

Sec.  2.  Be  it  further  enacted^  That  the  public  schools 
of  the  City  of  Eufaula  shall  be  under  the  management 
of  a  city  board  of  education  consisting  of  five  members 
to  be  elected  annually  by  the  city  council  of  Eufaula  at 
their  first  meeting  in  January  in  each  year,  one  from 
each  ward  of  the  city  at  large  who  shall  serve  without 
pay. 

Sec.  3.  Be  it  further  enacted^  That  the  management 
and  supervision  of  the  public  schools  in  said  school 
district  shall  be  under  the  city  superintendent  of  educa- 
tion, with  such  salary  as  the  city  board  of  education 
may  determine  to  be  paid  out  of  the  city  treasury  as 
other  city  officers  are  paid  ;  the  city' superintendent  of 
education  shall  be  elected  by  the  city  board  of  education, 
and  the  city  superintendent  shall  be  under  the  superin- 
tendent of  education  as  the  county  school  officers  are. 

Sec.  4.  Be  it  further  enacted ,  That  the  city  superin- 
tendent shall  take  general  supervision  of  the  public 
schools  in  the  city,  make  full  and  complete  reports  to 
the  superintendent  of  education  as  the  law  requires  of 
county  superintendents  of  edncation,  and  perform  such 
other  duties  as  are  required  by  countv  superintendents 
under  the  general  school  law. 

Sec.  5.  Beit  further  enacted,  That  the  City  of  Eu- 
faula as  such  school  district  shall  receive  its  proportion- 


108 

ate  share  of  the  public  school  fund  including  the  pro 
rata  share  of  the  sixteenth  section  fund  of  each  town- 
ship that  lies  partly  within  the  corporate  limits  of  the 
city  and  shall  also  receive  all  moneys  which  are,  or  may 
be  collected  from  license  from  .the  sale  of  liquor  in  beat 
five  in  Barbour  county,  all  such  funds  to  be  drawn  from 
the  proper  authorities,  and  disbursed  by  the  city  super- 
intendent of  education  in  the  same  manner  as  county 
superintendents  of  education  draw  and  disburse  funds 
for  their  respective  counties,  and  the  amounts  thus 
drawn  by  the  city  superintendent  of  education  shall  be 
used  exclusively  for  the  maintenance  of  the  free  public 
schools  in  the  city. 

Approved  Febrvary  14,  1891. 


CITY  OF  TUSKALOOSA. 


§  1.  The  corporate  limits  of  the  city  of  Tuskaloosa, 
and  that  portion  of  Tuskaloosa  county,  which  is  situated 
in  Township  twenty-one  (21),  and  range  ten  (10)  west,. 
Bouth  of  the  Warrior  river,  shall  constitute  a  separate 
school  district,  separate  and  apart  from  the  other  school 
districts  of  the  county  of  Tuskaloosa,  and  the  inhabi- 
tants of  said  school  districts  are  hereby  incorporated  by 
the  name  of  "the  school  district  of  the  city  of  Tuska- 
loosa."' 

§  2.  The  city  of  Tuskaloosa,  as  such  separate  school 
district,  shall  receive  the  proportionate  share  of  the  pub- 
lic school  fund  coming  to  the  county  of  Tuskaloosa,  in- 
cluding a  pro  rata  share  of  the  sixteenth  section  fund  of 
each  township  that  lies  partly  within  the  school  district 
of  the  city,  and  shall  receive  all  the  taxes  collected  as 
poll  taxes  within  such  school  district,  said  fund  and 
taxes  to  be  drawn  and  distributed  by  such  officers  as 
may  be  appointed  for  that  purpose  by  the  board  of  educa- 
tion of  the  school  district  of  the  city  of  Tuskaloosa,  in 
the  same  manner  as  county  superintendents  of  educa- 
tion draw  and  disburse  the  funds  for  their  respective 
counties  ;  and  the  amount  thus  drawn  for  the  city  of 
Tuskaloosa  shall  be  used  exclusively  for  the- maintenance 
of  public  schools  in  said  districts,  and  the  city  of  Tuska- 
loosa is  authorized  to  increase  its  school  fund  by  receiv- 
ing donations,  but  for  the  disbursement  of  all  donated 
funds  no  charge  whatever  shall  be  made,  and  the  mayor 
and  alc|,ermen  of  the  city  of  Tuskaloosa  are  hereby  au- 
thorized to  increase  the  school  fund  by  levying  a  tax, 
not  to  exceed  one-fourth  of  one  per  rent,  on  the  taxable 
property  of  said  city,  which  shall^be  collected  as  the  other 


no 

taxes  of  said  city.  The  tax  collector  of  the  city  of 
Tuskaloosa  shall  be  authorized  and  empowered  to  collect 
the  State  and  county  poll  taxes  of  all  the  inhabitants  of 
said  school  district  liable  to  pay  said  tax  in  the  same 
manner  as  is  now  by  law  provided  for  the  collection 
thereof. 

§  3.  The  public  schools  of  the  school  district  of  the 
city  of  Tuskaloosa,  shall  be  under  the  charge  of  a  board 
of  education,  to  consist  of  the  mayor  of  Tuska]or«n,  who 
shall  be  ex-officio  president  of  said  board,  and  four  other 
persons,  residents  of  said  district,  to  be  elected  by  the 
mayor  and  aldermen  of  said  city  at  their  regular  meeting 
in  the  month  of  July,  1875  ;  the  two  first  elected  shall 
hold  their  office  for  the  term  of  one  year,  and  the  two 
last  elected  shall  hold  their  office  for  the  term  of  two 
years,  and  at  each  regular  meeting  in  the  month  of 
July  of  each  year,  they  shall  elect  two  suitable  persons 
to  suceed  those  whose  offices  have  expired,  so  that  two 
of  each  persons  shall  be  elected  annually,  and  the  persi- 
dent  of  said  board  sliall  make  reports  and  furnish  statis- 
tics and  information  to  the  Superintendent  of  Educa- 
tion of  the  State  as  may  be  required  by  law  of  county 
superintendents  of  education. 

§  4.  Each  member  of  said  board  of  education,  shall 
upon  entering  on  the  duties  of  his  office,  subscribe  an 
oath  to  faithfully  discharge  all  the  duties  enjoined  upon 
him  by  law  as  such  officer;  such  oath  may  be  adminis- 
tered by  the  mayor  of  said  city. 

§  5.  Said  board  of  education  shall  have  power,  with 
the  approval  of  the  board  of  mayor  and  aldermen,  to 
build  upon  the  property  of  the  city  suitable  houses  for 
use  and  accommodation  of  the  public  school  of  said 
school  district,  or  the  said  board  may  rent  such  ^houses. 
Said  board  shall  keep  such  houses  in  proper  repair  and 
shall  furnish  the  same  with  appropriate  furniture  and 
apparatus  ;  Provided,    that   no  contract  shall  be  entered 


Ill 

into  aud  no  disbursement  of  any  money  or  funds;  under 
the  provisions  of  this  act  shall  be  made,  except  by  the 
consent  and  under  the  direction  aud  control  of  the  board 
of  mayor  and  aldermen. 

§  6.  The  said  board  of  education  shall  open  a  suffi- 
cient number  of  schools  to  meet  the  wants  of  the  popula- 
tion of  the  city  of  Tuscaloosa ;  and  said  board  shall  elect 
such  officers  as  are  in  their  opinion  necessary  to  the  good 
government  of  said  scliools,  and  when  required  such  offi- 
cers shall,  before  entering  upon  the  duties  of  their  re- 
spective offices,  take  the  oath  of  office  prescribed  by  law 
for  all  officers  in  this  State,  and  shall  give  bond  in  such 
sum  as  may  be  fixed  by  said  board  of  education,  and 
conditioned  as  all  other  official-  bonds;  such  bond  shall 
be  approved  by  the  president  of  said  board  of  education 
and  filed  with  the  official  bonds  of  the  city,  and  a  certi- 
fied capy  of  the  bond  of  the  officer  selected  to  receive  the 
funds  of  said  district  shall  be  filed  in  the  oflSce  of  the  Su- 
perintendent of  Education  ;  and  shall  elect  all  teachers, 
fix  their  compensation  and  prescribe  their  duties,  control 
the  distribution  of  teachers  and  pupils  among  the  sev- 
eral schools,  dictate  the  course  of  instruction,  the  num- 
ber and  character  of  text-books,  the  organization  of 
classes,  and  the  method  of  teaching,  and  shall  prescribe 
rules  and  regulations  for  the  government  of  the  schools 
aforesaid.  Such  board  shall  have  and  exercise  such 
other  and  additional  powers  as  may  be  necessary  to  give 
it  complete  control  of  the  public  schools  of  said  school 
district.  Any  of  sch  officers  or  teachers  may  be  removed 
for  cause,  to  be  determined  by  said  board. 

§  7.  Said  board  of  education  may  issue  diplomas  to 
all  persons  who  satisfactorily  complete  the  course  of 
study  prescribed  for  the  public  schools  of  said  school  dis- 
trict. 

§8.  The  children  and  wards  of  ail  actual  residents 
within  the  limits  of  the  school  district  of  the  city  of  Tus- 


112 

caloosa,  from  seven  to  twenty-one  years  of  age,  shall  be 
entitled  to  seats  as  pupils  in  the  public  schools  of  said 
city;  Proi'/(ied,  such  children  shall  themselves  be  bona 
fide  residents  of  said  city,  and  non-resident  children  may 
be  admitted  into  such  schools  on  such  terms  and  condi- 
tions as  the  board  of  education  may  prescribe,  but  sepa- 
rate schools  shall  be  provided  for  colored  children. 

§  9.  The  board  of  education  shall  have  power  to 
charge,  in  the  several  grades  of  said  schools,  such  inci- 
dental or  other  fees  as  they  may  deem  necessary  for  the 
proper  conduct  of  said  schools. 

§  10.  All  funds  devoted  to  public  school  purposes  in 
the  school  district  of  the  city  of  Tuscaloosa  whether  de- 
rived from  State,  county  or  city,  shall  be  paid  into  the 
treasury  of  said  city,  where  they  shall  be  kept  and  ac- 
counted for  separate  and  distinct  from  all  other  funds  be- 
longing to  said  city,  and  shall  be  disbursed  in  such  man- 
ner as  the  board  of  education  shall  direct. 

§  11.  The  board  of  education  shall  have  authority  to 
create  a  board  for  the  examination  of  applicants  for 
positions  as  teachers  in  the  public  schools  of  the  school 
district  of  the  city  of  Tuscaloosa,  and  no  person  shall  be 
elected  as  a  teacher  in  said  schools  who  shall  not  have 
received  a  license  from  such  board, 

§  12.  The  board  of  education  may,  in  its  discretion, 
institute  annual  competitive  examinations  before  such 
persons  as  the  board  may  select,  for  all  applicants  for  li- 
censes to  teach  in  the  public  schools  in  said  school  dis- 
trict, including  licensed  teachers  in  said  schools,,  who  are 
applicants  for  re-election  as  teachers. 

Approved  February  17,  1885. 


TROY    DISTRICT. 


§  1 .  The  corporate  limits  of  the  city  of  Troy  shall 
constitute  a  school  district  in  the  county  of  Pike,  and 
the  inhabitants  of  said  city  are  hereby  incorporated  by 
the  name  of  "The  School  District  of  the  city  of  Troy." 

§  2.  The  city  of  Troy,  as  such  separate  school  dis- 
trict, shall  receive  the  proportionate  share  of  the  public 
school  fund  coming  to  the  county,  and  shall  receive  all 
taxes  collected  as  poll  taxes  within  such  school  district, 
said  fund  and  taxes  to  be  drawn  and  disbursed  by  such 
officer  as  may  be  appointed  for  that  purpose  by  the  board 
of  education  of  the  school  district  of  the  city  of  Troy,  in 
the  same  manner  as  county  superintendents  of  education 
draw  and  disburse  the  funds  of  their  respective  counties; 
and  the  amount  thus  drawn  for  the  school  district  of  the 
city  of  Troy  shall  be  used  exclusively  for  the  mainten- 
ance of  public  schools  in  said  district,  and  the  city  of 
Troy  is  authorized  to  increase  its  school  fund  by  receiv- 
ing donations ;  but  for  the  disbursement  of  donated 
funds  no  charge  whatever  shall  be  made,  and  the  mayor 
and  councilraen  of  Troy  are  hereby  authorized  to  increase 
the  school  funds  by  levying  a  tax,  not  to  exceed  one- 
fourth  of  one  per  centum,  on  the  value  of  the  taxable 
property  of  the  city,  when  in  their  opinion  they  deem 
best,  which  shall  be  collected  as  other  taxes  of  the  city, 
and  by  appropriating  any  suplus  fund  arising  in  the 
treasury  of  said  city  to  said  school  fund.  The  tax  col- 
lector of  the  city  of  Troy  shall  be  authorized,  and  is 
hereby  empowered,  to  collect  the  State  and  county  poll 
taxes  of  all  the  inhabitants  of  said  school  district  liable 
to  pay  said  tax,  in  the  same  manner  as  is  now  or  may 
8 


114 

hereafter  be  provided  by  law  for  the   collection   thereof. 

§  3.  The  public  schools  of  the  school  district  of  the 
city  of  Troy,  shall  be  under  the  charge  of  a  board  of 
education  to  consist  of  the  mayor  of  Troy ,  who  shall  be 
ex-officio  president  of  said  board,  and  four  other  persons, 
residents  of  said  district,  to  be  elected  by  the  mayor  and 
councilmen  of  Troy  at  their  regular  meeting  in  January; 
the  first 'two  elected  shall  hold  their  said  office  for  the 
term  of  two  years,  and  until  their  successors  are  elected 
and  qualified,  and  at  each  regular  meeting  in  the  montli 
of  June  of  each  year,  they  shall  elect  two  suitable  per- 
sons to  succeed  those  whose  office  has  expired,  so  that 
two  of  such  persons  shall  be  elected  annually,  and  the 
president  of  said  board  shall  make  reports  and  furnish 
statistics  and  information  to  the  Superintendent  of  Edu- 
cation of  the  State,  as  may  be  required  by  law  of  county 
superintendents  of  education. 

§  4.  Such  member  of  said  board  of  education  shall, 
upon  entering  upon  the  duties  of  his  office,  subscribe  an 
oath  to  faithfully  discharge  all  the  duties  enjoined  upon 
him  by  law  as  such  officer ;  such  oath  may  be  adminis- 
tered by  the  mayor  of  said  city. 

§  5 .  That  said  board  of  educaction  shall  have  power, 
with  the  approval  of  the  mayor  and  councilmen  of  Troy, 
to  build  upon  the  property  of  the  city,  suitable  houses 
for  the  use  and  accommodation  of  the  public  schools  of 
said  school  district,  or  the  board  may  rent  or  purchase 
such  houses.  Said  board  shall  keep  said  houses  in  prop- 
er repair,  and  shall  furnish  the  same  with  appropriate 
furniture  and  apparatus  ;  Provided,  that  no  contract  shall 
be  entered  into,  and  no  disbursements  of  any  moneys  or 
funds  under  the  provisions  of  this  act  shall  be  made  ex- 
cept by  the  consent  and  under  the  direction  and  control 
of  the  mayor  and  councilnaen  of  Troy. 

§  6.  Said  board  of  education  may  open  a  sufficient 
number  of  schools  to  meet  the  wants  of  the   population 


115 

of  the  city  of  Troy  ;  and  said  board  shall  elect  such  offi- 
cers as  are,  in  their  opinions,  necessary  to  the  good 
government  of  said  schools,  and  when  required,  such 
officers  shall  before  entering  upon  the  duties  of  their  re- 
spective offices,  take  the  oath  of  office  prescribed  by  law 
for  all  officers  in  this  State,  and  shall  give  bond  in  such 
a  sum  as  may  be  fixed  by  said  board  of  education,  and 
conditioned  as  all  other  official  bonds  ;  said  bond  shall 
be  approved  by  the  president  of  said  board  of  education, 
and  filed  with  the  official  bonds  of  the  city,  and  acertitied 
copy  of  the  bond  of  the  officers  selected  to  receive  the 
funds  of  said  district,  shall  be  filed  in  the  office  of  the 
Superintendent  of  Education  ;  and  said  board  shall  elect 
all  teachers  and  pupils  among  the  several  schools  ;  dic- 
tate the  course  of  instruction ;  the  number  and  charac- 
ter of  text  books  ;  the  organization  of  classes,  and  the 
]iiethod  of  teaching  and  shall  prescribe  rules  and  regula- 
tions for  the  government  of  the  schools  aforesaid.  Such 
board  shall  have  and  exercise  such  other  and  additional 
powers  as  may  be  necessary  to  give  it  complete  control 
of  the  public  schools  of  said  school  district.  Any  of  such 
officers  or  teachers  may  be  removed  for  cause,  to  be  de- 
termined by  said  board. 

§  7.  The  children  and  wards  of  all  actual  residents 
within  the  limits  of  the  school  district  of  the  city  of 
Troy,  from  seven  to  twenty-one  years  of  age,  shall  be 
entitled  to  seats  as  pupils  in  the  public  schools  of  said 
city  ;  rrovided,  said  children  shall  themselves  be  bona 
fide  residents  of  said  city,  and  the  non-resident  children 
may  be  admitted  into  such  schools,  on  such  terms  and 
conditions  as  the  board  of  education  may  prescribe  ;  And 
provided,  that  separate  schools  shall  be  provided  for 
colored  children,  and  the  funds  derived  from  taxes  col. 
lected  of  the  colored  population  in  said  school  district, 
either  as  poll  taxes  or  taxes  upon  real  and  personal 
property,  shall  be  devoted  and  applied  exclusively  to  the 


116 

support  and  maintenance  of  schools  for  colored  children. 

§  8.  Said  board  of  education  may  issue  diplomas  to 
all  persons  who  satisfactorily  complete  the  course  of 
study  prescribed  for  the  public  schools  of  said  school 
district. 

§  9.  The  board  of  education  shall  have  power  to 
charge  in  the  several  grades  in  said  schools  such  inci- 
dental or  other  fees,  as  they  deem  necessary  for  the  pro- 
per conduct  of  said  schools. 

§  10.  All  funds  devoted  to  public  school  purposes, 
in  the  school  district  in  the  city  of  Troy,  whether  deriv- 
ed from  State,  county  or  city,  shall  be  paid  into  the 
treasury  of  said  city,  where  they  shall  be  kept  separate 
and  distinct  from  all  other  funds  belonging  to  said  city, 
and  shall  be  disbursed  in  such  manner  as  the  board  of 
education  may  direct. 

§  11.  Be  it  further  enacted,  That  the  board  of  educa- 
tion shall  have  authority  to  create  a  board  for  the  ex- 
amination of  applicants  for  positions  as  teachers  in  the 
public  schools  of  the  school  district  of  the  city  of  Troy, 
and  no  person  shall  be  elected  as  a  teacher  in  said  schools 
who  shall  not  have  received  a^license  from  such   board. 

§  12.  Be  it  further  enacted  ,'^h.2t,\,  the  board  of  educa- 
tion may,  in  its  discretion,  institute  annual  competitive 
examinations  before  such  persons  as  the  board  may 
select,  for  all  applicants  for  licenses  to  teach  in  the  pub- 
lic schools  in  said  school  district;  including  licensed 
teachers  in  said  schools,  who^are  applicants^^for  re-elec- 
tion as  teachers. 


DECATUR  DISTRICT. 


§  1.  The  public  schools  of  Decatur  shall  be  under 
the  charge  of  a  board  of  education,  to  consist  of  six 
members  who  shall  be  appointed  by  the  State  Superin- 
tendent of  Education  in  the  following  manner :  The 
successors  of  L.  M.  Falk  and  B.  F.  Cross,  shall  be  ap- 
pointed to  serve  until  January  1st,  1892 :  the  successors 
of  mayor  C.  C.  Austin  and  L.  H.  Grubbs,  until  January 
1st,  1893  ;  the  successors  of  C.  C.  Harris,  and  a  new- 
member  of  the  board  to  be  appointed  as  soon  as  possible, 
to  serve  until  January  1st,  1894.  At  the  expiration  of 
terms,  successors  shall  be  appointed  for  three  years. 
All  vacancies  shall  be  hlled  by  the  State  Superintendent 
of  Education  as  soon  as  notified  by  the  board  of  the 
vacancy,  the  member  so  appointed  to  serve  for  remainder 
of  the  term. 

§  2.  Said  board  shall  have  power  to  build  upon  the 
property  of  the  town,  suitable  houses  for  the  use  and  ac- 
commodation of  the  public  schools  of  said  town,  or  the 
said  board  may  rent  such  houses. 

§  3.  The  board  of  education  shall  open  a  sufficient 
number  of  schools  to  meet  the  wants  of  the  population 
of  Decatur  ;  and  said  board  shall  elect  a  superintendent 
of  said  schools,  the  principal  or  principals  thereof  and 
all  the  teacliers  ;  fix  their  compensation  and  prescribe 
their  duties ;  control  the  distribution  of  teachers  and 
pupils  among  the  several  schools  ;  dictate  the  course  of 
instruction,  and  prescribe  the  rules  and  regulations  for 
the  government  of  said  schools ;  also  provide  the  text- 
books for  the  same. 

§  4.  Said  board  of  education  shall  issue  diplomas  to 
all   persons   who  satisfactorily  complete   the   course  of 


k 


118 

study  prescribed  for  the  public  high  schools  of  said 
town . 

§  5.  The  children  and  wards  of  all  actual  residents 
within  the  corporate  limits  of  Decatur,  from  seven  to 
twenty-one  years  of  age,  shall  be  entitled  to  seats  as  pu- 
pils in  the  public  schools  of  said  town  ;  Provided,  said 
children  shall  themselves  be  bona  fide  residents  of  said 
town,  and  non-resident  children  may  be  admitted  into 
such  school,  on  such  terms  and  conditions  as  the  board 
of  education  may  prescribe  ;  but  separate  schools  may 
be  provided  for  the  children  of  citizens  of.  African 
descent. 

§  6.  It  shall  be  the  duty  of  the  board  of  education, 
before  the  first  day  irx  August  of  each  year,  to  prepare 
and  file  with  the  mayor  of  Decatur,  an  estimate  of  the 
money  that  will  be  required  for  the  maintenance  of  the 
public  schools  of  the  town  for  the  succeeding  scholastic 
year,  and  for  the  erection  and  repair  of  necessary  school 
buildings ;  and  the  board  of  mayor  and  councilraen  of 
said  town  shall  make  the  necessary  provision  to  supply 
funds  required  in  said  estimate. 

§  7.  The  board  of  education  shall  have  power  to 
charge,  in  the  several  grades  of  said  schools,  such  inci- 
dental or  other  fees  as  they  may  deem  necessary  for  the 
proper  conduct  of  said  schools. 

§  8.  The  plan  of  instruction,  and  all  rules  and  regu- 
lations adopted  by  said  board,  shall  be  adhered  to,  un- 
less altered  by  a  two-thirds  vote  of  the  members  thereof. 

§  9.  The  board  of  education  shall  have  authority  to 
elect  from  its  own  members,  a  president,  secretary  and 
treasurer,  to  serve  for  a  term  of  one,  two  or  three  years, 
as  the  board  may  prefer ;  the  first  election  to  be  held 
January  1st,  1890,  or  as  soon  thereafter  as  practicable. 

§  10.  The  board  of  education  shall  have  authority  to 
create  a  board  for  the  examination  of  applicants  for 
positions  as  teachers  in  the  public  schools    in   the  town- 


119 

of  Decatur,  and  no  person  shall  bo  elected  as  teacher  in 
said  schools  who  shall  not  have  received  a  license  from 
such  board . 

§  11.  All  funds  devoted  to  public  school  purposes  in 
Decatur,  whether  derived  from  the  State,  county  or 
town,  shall  be  paid  into  the  treasury  of  said  town,  and 
shall  be  disbursed  in  such  manner  as  the  board  of  edu- 
cation may  direct.  Not  more  than  four  per  cent,  of  all 
money  raised,  or  wliich  may  be  hereafter  appropriated 
for  the  support  of  public  schools ,  shall  be  used  or  expend- 
ed, otherwise  than  for  the  payment  of  teachers  employed 
in  such  schools. 

§  12.  The  treasurer  who  shall  be  elected  by  the  board 
of  education,  sliall,  before  entering  upon  the  duties  of 
his  office,  take  the  oath  of  office  and  shall  nive  bond  in 
a  sum  fixed  by  the  board,  not  less  than  double  the 
amouunt  of  money  that  may  be  in  his  hands  at  any  one 
time,  and  conditioned  as  required  by  law ;  such  bond 
shall  be  approved  by  the  State  Superintendent  of  Educa- 
tion, and  filed  in  his  office. 

§  13.  The  treasurer  of  the  bo Ard  shall  draw  and  dis- 
tribute public  school  funds  in  the  same  manner  that  the 
county  superintendents  of  education  draw  and  distribute 
school  funds,  and  the  amounts  thus  drawn  shall  be  used 
exclusively  for  the  public  schools  in  the  town. 

§  14.  That  the  treasurer  may  be  removed  for  cause, 
either  by  the  said  board  or  by  the  State  Superintendent 
of  Education. 


OPELIKA. 


§  1.  The  corporate  limits  of  the  district  of  Opelika 
shall  constitute  a  school  district  separate  and  apart  from 
the  remaining  school  district  or  township  of  the  county 
of  Lee. 

§  2.  The  public  schools  of  the  district  of  Opelika 
shall  be  under  the  control  and  management  of  a  board 
of  education,  to  consist  of  seven  persons,  to  be  appointed 
by  the  State  Superintendent  of  Education  and  continue 
in  office  two  years ,  or  until  their  successors  shall  be  ap- 
pointed and  qualified  ;  said  terms  of  office  beginning  on 
the  first  Tuesday  in  March,  1887,  and  every  two  years 
thereafter. 

§  3.  Each  member  of  said  board  of  education  shall, 
upon  his  induction  into  office,  subscribe  an  oath  or 
affirmation  faithfully  to  discharge  all  the  duties  imposed 
on  him  as  a  member  of  said  board'. 

§  4.  For  good  cause,  any  member  of  said  board  may 
be  removed  by  the  State  Superintendent  of  Education, 
and  all  vacancies  in  said  board  arising  from  removal, 
death,  resignation  or  otherwise,  shall  be  filled  by  the 
State  Superintendent  of  Education  for  the  unexpired 
term. 

§  5.  Said  board  of  education  shall  elect  one  of  their 
number  to  be  president,  and  one  to  be  secretary  and 
treasurer,  who  shall  hold  their  offices  during  the  pleas- 
ure of  the  board  ;  a  majority  of  the  board  shall  constitute 
a  quorum  to  transact  business. 

§  6.  The  president  shall  be  chief  executive  ofiicer  of 
the  board,  who  shall  preside  at  its  meetings  ;  he  shall  be 
ex-officio  district  superintendent  of  education,  and  shall, 


121 

within  the  district  of  Opelika,  perform  all  the  duties  re- 
quired oi"  couuly  superintendents,  except  as  hereinafter 
provided.  In  case  of  his  absence  or  inability  to  act, 
the  board  may  name  a  temporary  vice-president,  who 
shall  during  such  absence  or  inability  to  act,  have  the 
powers  of  the  president. 

§  7 .  The  secretary  and  treasurer  of  the  board  shall 
keep  a  true  and  faithful  record  of  the  proceedings ;  shall 
preserve  the  books  of  said  boards  and  file  of  its  papers 
and  documents,  all  of  which  shall  be  open  to  public  in- 
spection ;  and  he  shall  also  perform  such  other  duties  as 
may  be  required  of  iiim  by  said  board ;  he  shall  receive 
compensation  as  the  board  of  education  may  allow. 

§  8.  All  funds  devoted  to  public  school  purposes  in 
the  district  of  Opelika,  whether  derived  from  State, 
county  or  district,  shall  be  paid  directly  to  the  secretary 
and  treasurer  of  said  board  of  education,  in  the  same 
manner  as  State  and  county  funds  are  paid  to  county 
superintendents  of  education,  and  shall  be  dispensed  in 
such  manner  as  the  board  of  education  may  direct,  and 
only  upon  the  warrant  of  the  board,  signed  by  the  presi- 
dent thereof.  For  the  faithful  performance  of  all  his 
duties,  said  secretary  and  treasurer  shall  give  bond, 
with  good  and  sufficient  security,  in  such  sum  as  the 
board  of  education  may  fix,  not  less  than  double  the 
amount  likely  to  be-in  his  hands  at  any  one  time  ;  said 
bond  to  be  approved  by  the  judge  of  probate  of  Lee 
county,  and  filed  in  his  office  ;  a  certified  copy  of  which, 
to  be  sent  to  the  State  Superintendent  of  Education. 

§  9.  The  secretary  and  treasurer  shall  make  monthly 
reports  to  the  board  of  education,  showing  ^the  amount 
of  money  received  and  paid  out  during  the  month,  the 
vouchers  for  the  same,  the  amount  of  cash  on  hand,  the 
liabilities  of  said  board,  and  such  other  information  as 
may  be  required  by  the  board. 

§  10.     The  said  board  of  education  shall  have  power 


122 

to  establish  such  public  schools  for  the  white  race,  and 
such  public  schools  for  the  colored  race  as  the  means 
and  wants  of  the  population  of  said  school  district  may 
justify  ;  may  elect  a  superintendent  of  said  schools,  the 
principal  thereof,  and  all  teachers,  and  remove  the  same 
for  good  cause;  fix  their  compensation,  and  prescribe 
their  duties ;  control  the  distribution  of  teachers  and 
pupils  among  the  several  schools  ;  dictate  the  course  of 
instruction,  the  number  and  character  text  books,  the 
organization  of  classes  or  grades,  the  method  of  teach- 
ing ;  and  shall  prescribe  rules  and  regulations  for  the 
government  of  the  schools.  Said  board  shall  have  and 
exercise  such  other  and  additional  powers  as  may  be 
necessary  to  give  it  complete  control  of  the  public  schools 
of  said  school  district ;  and  shall  perform  all  the  duties 
imposed  on  township  trustees  in  the  State. 

§  11.  The  plan  of  instruction,  kind  of  text  books  and 
the  rules  and  regulations  adopted  by  said  board  for  the 
government  of  said  public  schools,  shall  be  adhered  to 
unless  altered  by  a  vote  of  two-thirds  of  said  board. 
1^^  §  12.  Said  board  of  education  may  issue  diplomas  to 
all  persons  who  satisfactorily  complete  .  the  course  of 
study  prescribed  for  the  public  high  schools  of  said 
district . 

§  13.  All  bona  fide  residents  within  the  corporate 
limits  of  the  district  of  Opelika,  from  seven  to  twenty- 
one  years  of  age,  shall  be  entitled  to  seats  as  pupils  in 
the  public  schools  of  said  district ;  Provided,  non-resi- 
dents may  be  admitted  into  such  schools  on  such  terms 
and  conditions  as  the  board  of  education  may  prescribe. 

§  14.  The  board  of  education  shall  have  authority 
to  create  a  board  for  the  examination  of  applicants  for 
positions  as  teachers  in  the  public  schools  of  the  district 
of  Opelika,  and  no  person  shall  be  elecied  as  a  teacher 
in  such  schools  who  shall  not  have  received  a  license 
from  such  board ;  Provided,  said  board   is  authorized  to 


123 

carry  out  any  contract  with  teachers  existing  at  the  time 
of  the  approval  of  this  act,  if  they  see  proper. 

§  15.  The  board  of  education  may,  in  its  discretion, 
institute,  before  such  persons  as  the  board  may  select, 
annual  competitive  examinations  of  applicants  for  posi- 
tions as  teachers  in  the  public  schools  of  said  district, 
including  licensed  teachers  in  said  schools,  who  are  ap- 
plicants for  re-election  as  teachers. 

§  16.  Said  board  of  education  shall  control,  manage, 
and  disburse  all  revenues  v^hich  may  be  raised  by  special 
tax  or  otherwise  for  the  maintenance  of  the  public 
schools  in  the  district  of  Opelika,  under  such  rules  and 
regulations  as  the  board  may  prescribe  ;  Provided^  that 
where  donations  or  contributions  are  made  to  the  public 
schools  of  the  district  of  Opelika,  or  to  any  one  of  them, 
the  board  shall  apply  the  donations  or  contributions  in 
the  manner  indicated  by  the  party  or  parties  contribu- 
ting. 

§  17.  Said  board  of  education  shall  have  power  to 
buy  lands  for  the  purpose  of  erecting  school  buildings 
thereon,  or  to  provide  suitable  school  buildings  by  rent 
or  purchase,  and  all  necessary  furniture,  equipments 
and  apparatus ;  the  title  to  said  property  to  be  vested  in 
said  board  of  education  and  their  successors  in  office. 

§  18.  Said  board  of  education  shall  have  power  to 
charge  in  the  several  grades  of  the  public  schools  of  the 
district  of  Opelika  such  incidental  or  other  fees  as  may 
be  deemed  necessary  for  the  proper  conduct  of  said 
schools. 

§  19.  The  district  of  Opelika,  as  a  separate  school 
district,  shall  receive  its  proportionate  share  of  the 
school  fund  apportioned  to  Loe  county,  including  a  pro 
rata  share  of  the  sixteenth  section  fund  of  each  town- 
ship that  lies  partly  within  the  corporate  limits  of  said 
district  of  Opelika,  and  all  the  poll  tax  collected  in  cor- 
porate  limits  of   said   district,  and   all  other  funds  set 


124 

apart  by  the  State  for  school  purposes ;  Provided^  that 
not  more  thau  four  per  cent,  of  said  fund  derived  from 
the  State  shall  be  used  otherwise, than  for  the  payment 
of  teachers  in  the  public  schools  of  the  district  of 
Opelika. 

Approved  February  22,  1887. 


CITY  OF  TUSCUMBIA. 


§  1.  The  corporate  limits  of  the  City  of  Tuscumbia, 
in  Colbert  county,  Alabama,  shall  constitute  a  school 
district  separate  and  apart  from  the  other  school  districts 
in  the  county  of  Colbert,  and  the  inhabitants  of  said 
city  of  Tuscumbia  are  hereby  incorporated  by  the  name 
of  **The  School  District  of  the  City  of  Tuscumbia." 

§  '2.  The  city  of  Tuscumbia  as  such  separate  school 
district  shall  receive  the  proportionate  share  of  the  pub- 
lic school  fund  coming  to  the  county  of  Colbert,  includ- 
ing a  pro  rata  share  of  the  sixteenth  section  fund  of 
that  township  that  lies  partly  within  the  school  district 
of  said  city,  and  shall  receive  all  the  taxes  collected  as 
poll  taxes  within  such  school  district,  commencing  with 
the  scholastic  year  beginning  October  1st,  1888,  for  the 
use  and  maintenance  of  the  public  schools  therein  ;  said 
fund  and  taxes  to  be  drawn  by  such  officer  as  may  be 
appointed  for  that  purpose  by  the  board  of  education  of 
the  school  district  of  the  city  of  Tuscumbia  in  the  same 
manner  as  county  superintendents  of  education  draw 
the  funds  of  their  respective  counties,  said  officer  to  give 
such  bond  as  may  be  required  by  the  board,  payable 
and  conditioned  as  bonds  of  county  superintendents.  And 
the  amount  thus  drawn  shall  be  paid  to  the  treasurer  of 
said  board  of  education. 

§  3.  All  funds  devoted  to  public  school  purposes  in 
the  school  district  of  the  city  of  Tuscumbia,  whether  de- 
rived from  State,  county  or  city,  shall  be  paid  to  the 
treasurer  of  the  said  board  of  education  and  shall  be  dis- 
bursed in  such  manner  as  the  board  of  education  shall 
direct ;  and  not  more  than  five  per  cent,   of  all    moneya 


126 

raised  or  which  may  be  hereafter  appropriated  for  the 
support  of  public  schools  in  said  city,  shall  be  used  or 
expended  otherwise  than  for  the  payment  of  teachers 
employed  in  such  school. 

§4.  The  public  schools  of  the  school  district  of  the 
city  of  Tuscumbia  shall  be  under  the  charge  of  a  board 
of  education,  to  consist  of  the  mayor  of  the  city  of  Tus- 
cumbia, who  shall  be  ex-officio  president  of  said  board, 
and  six  other  persons,  residents  of  said  city  of  Tuscum- 
bia, to  be  elected  by  the  board  of  mayor  and  aldermen 
of  the  city  of  Tuscumbia  at  their  regular  meeting  in  the 
month  of  March,  1889,  or  as  soon  thereafter  as  practica- 
ble ;  the  first  two  elected  shall  hold  their  office  for  a  term 
of  two  years,  and  the  second  two  elected  shall  hold  their 
office  for  the  term  of  four  years,  the  last  two  elected 
shall  hold  their  office  for  the  term  of  six  years,  and  at 
each  regular  meeting  in  January  biennially  or  as  soon 
thereafter  as  practicable,  they  shall  elect  two  suitable 
persons  to  succeed  those  whose  offices  have  expired,  so 
that  two  such  persons  shall  be  elected  biennially.  Va- 
cancies in  said  board  shall  be  filled  by  election  of  board 
of  mayor  and  aldermen  of  the  city  of  Tuscumbia,  at  the 
first  regular  meeting  of  said  board  after  the  occurence 
thereof ;  or  soon  thereafter  as  practicable,  the  members 
so  elected  to  serve  for  the  remainder  of  the  unexpired 
term.  The  president  of  said  board  shall  make  reports 
and  furnish  statistics  and  information  to  the  superinten- 
dent of  education  of  the  State  as  may  be  required  by  law 
of  county  superintendents  of  education. 

§  5.  Each  member  of  the  board  of  education  except 
the  president  shall,  on  his  induction  into  office,  take  the  . 
following  oath  :  I  do  solemnly  swear  that  I  will  use  my 
best  endeavors  to  carry  out  faithfully  all  the  laws  now  in 
force  and  those  hereafter  enacted  to  provide  a  school 
fund  and  to  regulate  the  public  schools  of  the   city  of 


127 

Tuscumbia,  so  help  me  God.  Said  oath  may  be  admin- 
istered by  the  mayor  of  said  city. 

§  6.  Said  board  of  edncation  shall  have  power,  with 
the  approval  of  the  board  of  mayor  and  aldermen  of  said 
city,  to  build  upon  the  property  of  the  city  suitable 
houses  for  use  and  accommodation  of  the  public  schools 
of  said  district,  or  said  board  may  rent  such  houses. 
Said  board  shall  keep  said  houses  in  proper  repair  and 
shall  furnish  the  same  with  appropriate  furniture  and 
apparatus  ;  Provided,  that  no  contract  shall  be  entered 
into  and  no  disbursements  of  any  moneys  or  funds  un- 
der the  provisions  of  this  act  shall  be  made  except  by 
the  consent  and  under  the  direction  and  control  of  the 
board  of  mayor  and  aldermen. 

§  7.  The  said  board  of  education  may  open  a  suffi- 
cient number  of  schools  to  meet  the  wants  of  the  popu- 
lation of  the  city  of  Tuscumbia,  and  said  board  shall 
elect  such  officers  as  are  in  their  opinion  necessary,  to 
the  good  government  of  said  schools,  and  when  required 
such  officers  shall,  before  entering  upon  the  duties  of 
their  respective  offices,  take  the  oath  of  office  prescribed 
by  law  for  all  officers  in  this  State,  and  shall  give  bond 
in  such  sum  as  may  be  fixed  by  said  board  of  education 
and  conditioned  as  all  other  ofhcial  bonds.  Snch  bonds 
shall  be  approved  by  the  president  of  said  board  of  edu- 
cation, and  filed  with  the  other  official  bonds  of  the  city, 
and  a  certified  copy  of  bond  of  the  officer  selected  to  re- 
ceive the  funds  of  said  district  shall  be  filed  in  the  office 
of  the  State  Superintendent  of  Education ;  and  shall 
elect  a  superintendent  and  all  teachers,  fix  their  compen- 
sation and  prescribe  their  duties,  control  distribution  of 
teachers  and  pupils  among  the  several  schools,  dictate 
the  course  of  instruction,  the  number  and  character  of 
textbooks,  the  organization  of  classes,  and  shall  pre- 
scribe rules  and  regulations  for  the  government  of  the 
schools  aforesaid.     Such  board  shall  have  and  exercise 


]28 

such  other  additional  powers  as  may  be  necessary  to 
give  it  complete  control  of  the  public  schools  of  the  dis- 
trict. Any  of  such  officers  or  teachers  may  be  removed 
for  cause  to  be  determined  by  said  board. 

§  8,  Said  board  of  education  may  issue  diplomas  to 
all  persons  who  satisfactorily  complete  the  course  of 
study  prescribed  for  the  public  schools  of  said  school  dis- 
trict. 

§  9.  The  children  and  wards  of  actual  residents  with- 
in the  limits  of  the  school  district  of  the  city  of  Tuscum- 
bia,  from  seven  to  twenty-one  years  of  age,  shall  be  enti- 
tled to  seats  as  pupils  in  the  public  schools  of  said  city  ; 
provided,  such  children  shall  be  bonu  fide  residents  of  said 
city,  and  non-resident  children  maybe  admitted  into  such 
schools  on  such  terms  and  conditions  as  the  board  of  ed- 
ucation may  prescribe  ;  but  separate  schools  shall  be  pro- 
vided for  the  colored  children. 

§  10.  The  board  of  education  shall  have  power  to 
charge  in  the  several  grades  in  said  schools  such  indi- 
vidual or  other  fees  as  they  may  deem  necessary  for  the 
proper  conduct  of  said  schools. 

§  11.  The  said  board  of  education  shall  have  authori- 
ty to  create  a  board  for  the  examination  of  applicants 
for  positions  as  teachers  in  the  several  grades  of  the  pub- 
lic schools  of  said  district  of  the  city  of  Tuscumbia,  and 
no  person  shall  be  elected  as  a  teacher  in  said  schools 
who  shall  not  have  received  a  license  from  such   board. 

§  12 .  The  said  board  of  education  shall  have  authori- 
ty to  elect  from  its  own  members  a  secretary,  treasurer 
and  such  other  officers  as  may  be  required  to  serve  for 
one  year  or  until  their  successors  are  duly  elected  and 
qualified. 

§  13.  It  shall  be  the  duty  of  the  board  of  education, 
before  the  first  day  of  August  of  each  year,  to  prepare 
and  file  with  the  mayor  of  Tuscumbia  an  estimate  of  the 
money  that  will  be  required  for  the  maintenance  of   the 


129 

public  schools  of  said  district  for  the  succeeding  scholas- 
tic year,  and  for  the  erection  and  repair  of  necessary 
school  buildings  in  order  that  the  board  of  mayor  and 
aldermen  of  said  city  of  Tuscumbia  may  make  the  nec- 
cessary  provisions  to  supply  the  funds  required  in  said 
estimate . 

§  14.  Said  board  of  education  shall  have  power  to 
enact  by-laws,  rules  and  regulations  necessary  for  its 
government. 

Approved  February  26,  1889. 

[By  act  approved  February  16,  1891,  the  board  of  ed- 
ucation of  the  separate  school  district  of  Tuscumbia  and 
their  successors  are  declared  successors  in  office  of  the 
trustees  of  the  Tuscumbia  Male  Academy.] 
9 


CITY  OF  GADSDEN. 


§  1.  The  corporate  limits  of  the  city  of  Gadsden,  Ala- 
bama, as  they  now  are  or  may  hereafter  exist,  shall  con- 
stitute a  public  school  district  separate  and  apart  from 
the  remaining  school  district  of  Etowah  county,  and 
shall  be  known  as  the  Gadsden  Public  School  District. 

§  2 .  The  city  council  of  Gadsden,  and  their  successors 
in  office  shall  constitute  a  board  of  trustees  for  said 
school  district,  who  shall,  as  soon  as  practicable,  proceed 
to  establish  and  control  said  public  school  district  under 
the  regulations  hereinafter  set  forth. 

§  3.  The  said  city  council  shall  have  the  power  to  buy 
and  lease  lands  for  the  purpose  of  building  school  build- 
ings, or  lands  with  school  buildings  thereon,  to  be  used 
for  school  purposes,  taking  the  deeds  to  themselves,  and 
their  successors,  and  also  to  purchase,  erect  and  furnish 
school  buildings. 

§  4.  Said  city  council  are  authorized  to  establish  and 
locate  the  number  of  public  schools  to  be  taught  each 
year  within  said  school  district,  and  elect  trustees  for  the 
same,  whether  for  males  or  females,  white  or  colored, 
and  perform  all  other  duties  necessary  to  the  proper  reg- 
ulation and  maintenance  of  such  schools. 

§  5 .  The  Gadsden  public  school  district  shall  receive 
its  proportionate  share  of  the  public  school  revenue,  in- 
cluding its  pro  rata  share  of  the  sixteenth  section  fund, 
and  shall  also  receive  all  the  tax  collected  as  poll  taxes 
within  the  limits  of  said  school  district  for  the  use  and 
maintenance  of  the  public  schools  therein,  in  the  same 
manner  as  the  county  superintendents  receive  school 
funds.  All  moneys  collected  or  received  by  the  city  of 
Gadsden  for  school  purposes  pursuant  to  this  act,  shall 


131 

be  paid  over  to  the  treasurer  of  said  city  and  be  kept  by 
him  separate  and  apart  from  all  other  funds  of  the  city, 
and  shall  be  paid  out  only  on  warrant  in  favor  of  the  city 
superintendent  of  schools  drawn  by  the  clerk  of  said  city 
on  a  resolution  or  ordinance  of  said  city  council.  And 
the  said  city  council  shall  require  a  separate  bond  from 
the  city  treasurer  for  the  safe  keeping  of  said  funds  in 
such  sum  and  with  such  condition  and  security  as  they 
may  prescribe,  and  payable  to  said  city  council  and  their 
successors,  which  bond  shall  be  filed  with  the  city  clerk, 
and  shall  be  renewed  from  time  to  time  as  said  city  coun- 
cil may  direct. 

§  6.  A  tax  of  one-fifth  of  one  per  cent,  in  addition  to 
the  per  cent,  of  tax  levied  by  the  State  for  State  pur- 
poses, shall  be  levied  by  the  tax  assessor  of  Etowah 
county  on  all  property  taxed  by  the  State  within  the  lim- 
its of  said  Gadsden  school  district  for  public  school  pur- 
poses, and  shall  file  such  assessment  with  the  treasurer 
of  said  city  of  Gadsden  at  the  same  time  and  manner  he 
files  his  assessments  for  the  State  and  county  taxes  with 
the  probate  judge  of  Etowah  county.  And  the  tax  col- 
lector of  Etowah  county  shall  collect  said  taxes  in  the 
same  manner  as  he  collects  the  taxes  for  the  State  and 
county,  and  the  same  remedies  shall  be  used  and  em- 
ployed by  him  for  collecting  such  taxes  for  the  State  and 
county.  The  same  power  and  jurisdiction  as  to  this 
matter  being  granted  and  conferred  on  the  probate  judge 
and  probate  court  of  Etowah  county  to  issue  execution 
and  condemn  property,  as  they  have  in  collecting  and  en- 
forcing liens  for  State  taxes.  And  said  tax  assessor  and 
collector  shall  be  allowed  the  same  rate  of  commission 
for  assessing  and  collecting  such  taxes  as  are  allowed  for 
assessing  and  collecting  State  taxes.  And  said  tax  col- 
lector shall  pay  over  said  taxes  as  he  collects  them  to  the 
city  treasurer  of  Gadsden,  taking  his  receipt  therefor^ 
and  the  tax  assessor  and  the  tax  collector  shall  be  re- 


I' 


132 

quired  to  make  settlements  for  such  taxes  with  the  city 
authorities  of  Gadsden,  as  they  are  required  to  make 
with  the  commissioners  court  of  Etowah  county  for  State 
and  county  taxes .  And  the  same  liability  and  remedies 
shall  attach  to  their  bonds  for  any  default  and  dereliction 
of  duty  in  this  behalf  as  are  given  the  State  and  county 
on  their  bonds  for  like  default  and  dereliction. 

§  7.  Said  city  council  shall  have  powe?  to  elect  a  su- 
perintendent of  the  public  schools  of  said  district,  wha 
shall  hold  his  office  for  two  years.  Such  superintendent, 
before  entering  upon  the  duties  of  his  office,  shall  take 
the  oath  of  office  prescribed  by  law,  for  such  officers  in 
this  State,  and  shall  give  bond  with  security  in  suofo  sum 
as  may  be  fixed  by  said  council  and  their  successors,  and 
conditioned  as  all  other  official  bonds.  Said  bond  shall 
be  approved  by  said  city  council  and  filed  in  the  office  of 
the  clerk  of  said  city ,  and  a  certified  copy  thereof  shall 
be  filed  with  the  State  Superintendent  of  Education.  All 
funds  drawn  by  the  city  clerk  by  direction  of  said  city 
council  as  heretofore  provided ,  shall  be  received  from  the 
city  treasurer  by  such  superintendent  on  such  warrants, 
and  disbursed  and  accoilnted  for  by  him  in  like  manner, 
as  is  required  by  county  superintendents. 

§  8.  Said  superintendent  of  public  schools  of  the  Gads- 
den School  District,  may  be  removed  at  any  time,  either 
by  said  city  council  or  by  the  State  Superintendent  of 
Education,  and,  when  removed  shall  be  ineligible  to  re- 
election during  the  time  for  which  he  was  elected.  All 
vacancies  for  the  office  of  the  superintendent  shall  be 
filled  by  election  by  said  city  council,  at  any  regular  or 
special  meeting  called  for  that  purpose,  and  the  person 
80  elected  shall  hold  for  the  unexpired  term,  and  shall 
qualify  as  above  required.  The  said  superintendent  shall 
be  commissioned  by  the  State  Superintendent  of  Educa- 
and  he  shall  receive  such  compensation,  to  be  paid  out 
of  the  fund  provided  for  in  this  act,  as  said  city  council 


133 

may  fix.  Said  superintendent  shall  make  full  and  com- 
plete reports  to  the  said  city  council,  and  to  the  State 
Superintendent  of  Education,  and  perform  such  other 
duties  as  are  required  by  law  of  county  superintendents 
of  education,  not  inconsistent  with  this  act,  and  also  such 
other  duties  as  said  city  council  may  require,  not  incon- 
sistent with  this  act,  and  the  general  laws  of  the  State. 

§  9.  AH  moneys  collected  under  this  act  from  the 
white  race,  shall  go  to  the  support  of  white  schools,  and 
all  moneys  collected  from  the  colored  race  shall  be  ap- 
plied to  the  support  of  the  colored  schools,  that  shall  be 
established  in  said  school  district,  and  to  carry  out  the 
provisions  of  this  section,  it  shall  be  the  duty  of  the  tax 
assessor  in  making  assessments  under  the  provisions  of 
this  act,  to  note  on  the  assessment  book  the  race  to 
which  all  property  assessed  belongs ,  and  the  duty  of  the 
tax  collector  to  report  how  much  of  said  tax  has  been 
collected  from  each  race. 


CITY  OF  FLORENCE, 


Sec.  1.  A  separate  school  district  is  hereby  estab- 
lished in  the  city  of  Florence,  the  boundaries  of  which 
shall  be  the  corporate  limits  of  the  city  of  Florence. 

Sec.  2.  The  mayor  and  aldermen  of  the  city  of  Flor- 
ence are  hereby  authorized  and  empowered  to  elect  trus- 
tees and  prescribe  their  duties  and  powers  ;  to  author- 
ize them  to  receive,  hold,  transmit  and  convey  the  title 
to  real  and  personal  property,  and  to  do  and  perform 
such  other  duties  as  may  be  deemed  advisable,  for  the 
purpose  of  establishing  and  maintaining,  in  said  limits, 
a  school  or  schools,  or  a  system  of  graded  schools. 

Sec.  3.  The  said  mayor  and  aldermen  of  the  city  of 
Florence  are  hereby  authorized  and  empowered  to  adopt 
and  enforce  such  ordinance  or  ordinances  as  may  be 
deemed  advisable  for  the  full  establishment  and  main- 
tenance of  said  school  or  schools,  or  a  svstem  of  schools, 
also  to  erect,  equip  and  maintain  such  buildings  and 
premises  as  may  be  advisable  for  the  same  ;  Provided, 
that  nothing  in  this  act  shall  be  construed  to  limit  or 
abridge  the  powers  already  conferred  by  law  upon  the 
said  corporate  authorities  of  said  city. 

Sec.  4.  Said  school  district  shall  be  entitled  to  re- 
ceive its  proportionate  share  of  all  funds  raised  or  appro- 
priated by  the  State,  for  public  schools  ;  also  its  propor- 
tionate share  of  the  sixteenth  section  fund  accruing  to 
the  township  of  which  said  school  district  is  a  part,  and 
it  snail  receive  all  poll  tax  which  may  be  collected  from 
residents  of  said  school  district,  and  all  funds  which 
may  be  donated  thereto. 

Sec.  5.     Until  the  said  corporate  authorities   of  said 


135 

city  shall  provide  some  other  bonded  officer  for  that  pur- 
pose, the  treasurer  of  said  city  shall  receive  and  disburse 
all  funds  of  said  district,  shall  keep  said  funds  and  the 
accounts  thereof  separate  from  the  general  funds  of  said 
city  and  for  any  default  therein  he  and  his  sureties  shall 
be  liable,  as  for  the  general  funds  of  said  city. 

Sec,  6.  Be  it  further  enacted.  That  the  State  Su- 
perintendent of  ?3ducation,  or  other  proper  officer  of  the 
State,  shall  give  the  necessary  orders  and  instructions 
and  issue  the  necessary  warrants  and  certificates  to  se- 
cure the  payment  to  the  treasurer  of  the  city  of  Flor- 
ence, or  to  such  other  officer  as  the  said  corporate  author- 
ities shall  designate,  all  funds  to  which  said  district  may 
be  entitled. 

Sec.  7.  Be  it  further  enacted,  That  the  mayor  and 
aldermen  of  the  city  are  hereby  authorized  and  empow- 
ered to  levy  and  collect  a  tax  upon  the  property  within 
its  limits,  for  the  maintenance  of  said  schools,  to  such 
amount  as  said  corporate  authorities  may  deem  advisa- 
ble within  constitutional  limits. 

Approved  February  18,  1891.     . 


CITY  OF  ANNISTON. 


Sec.  1.  The  territory  within  the  corporate  limits  of 
the  City  of  Anniston  shall  be  a  school  district  separate 
and  apart  from  the  remaining  districts  in  the  county  of 
Calhoun. 

Sec.  2.  Be  it  further  enacted,  That  the  public  schools 
of  the  City  of  Anniston  shall  be  under  the  control  and 
management  of  a  board  of  education,  to  consist  of  nine 
suitable  persons  to  be  elected  by  the  mayor  and  council 
of  Anniston  from  the  qualified  electors  of  the  city  at  its 
first  regular  meeting  in  March,  1891 ;  such  board  to  be 
divided  into  three  classes,  three  in  each  class.  The 
first  class  shall  hold  ofl&ce  for  a  term  of  two  years,  the 
second  for  four  years  and  the  third  for  six  years,  and 
biennially  thereafter  the  city  council  shall  elect  the  suc- 
cessors of  the  three  members  of  the  board  whose  term 
of  oflB.ce  expires,  and  they  shall  hold  for  a  term  of  six 
years.  Vacancies  in  said  board  caused  by  death,  resig- 
nation or  removal  shall  be  filled  for  the  unexpired  term 
by  the  city  council.  The  board  shall  elect  a  chairman 
from  its  members  who  shall  hold  office  for  a  term  of 
two  years.  He  shall  have  the  right  to  vote  upon  all 
questions  before  said  board,  and  shall  have  a  casting 
vote  where  there  shall  be  a  tie. 

Sac.  3.  Be  it  further  enacted,  That  each  member  of 
said  board  shall,  upon  his  induction  into  office  take  and 
subscribe  an  oath  or  affirmation  faithfully  to  discharge 
the  duties  imposed  upon  him  as  a  member  of  such  board. 
A  majority  shall  constitute  a  quorum  for  the  transaction 
of  business.  The  members  shall  receive  no  compensa- 
tion. 


137 

Sec.  4.  Be  it  further  enacted,  That  said  board  may  pro- 
vide all  rules,  by-laws,  or  regulations  necessary  for  th« 
conduct  of  business  that  may  come  before  it,  and  may 
elect  a  secretary,  who  shall  hold  office  at  its  pleasure,  who 
shall  receive  such  compensation  as  such  board  may  pre- 
scribe . 

Sec.  5.  Be  it  further  enacted ,  That  it  shall  be  the  duty 
of  such  board,  annually,  before  the  first  day  of  May,  to 
submit  a  statement  to  the  mayor  and  city  council  afore- 
said, showing  the  amount  of  money  required  for  the  sup- 
port and  maintenance  of  the  public  schools  of  the  city 
for  the  next  ensuing  scholastic  year,  and  for  the  erection, 
rental  or  repair  of  the  necessary  school  buildings,  to- 
gether with  a  statement  of  the  probable  amount  of  money 
that  will  be  received  from  the  school  fund,  or  from  any 
other  source.  When  such  statement  shall  have  been 
made,  the  mayor  and  city  council  shall  make  an  appro- 
priation to  supply  whatever  additional  amount  may  be 
necessary,  but  it  shall  not  be  required  to  appropriate 
more  than  twenty  per  cent,  of  the  gross  revenues  of  the 
city  for  such  schools  ;  but  it  may  in  its  discretion  appro- 
priate larger  sums ,  or  make  special  appropriations  for 
the  erection,  repair  or  rental  of  school  houses;  and  all 
moneys,  whether  received  from  the  city  or  from  the  State, 
county  or  other  source,  shall  be  placed  by  the  city  treas- 
urer to  the  credit  of  such  board  of  education,  separate 
and  apart  from  other  funds  in  his  hands,  and  shall  be 
disbursed  as  prescribed  by  said  board. 

Sec.  6.  Be  it  fuather  enacted,  That  such  board  shall 
elect  a  superintendent  of  the  public  schools  of  such  sep- 
arate school  district,  who  shall  hold  office  for  a  term  of 
two  years,  unless  sooner  removed,  and  he  shall  perform 
the  duties  and  receive  such  salary  as  the  board  may 
prescribe.  It  shall  also  elect  all  teachers,  fix  their  duties 
and  compensation ;  prescribe  the  qualifications  neces- 
sary to  become  a  teacher  in  said  schools,  and  from  such 


138 

applicants  it  shall  select  such  as  may  be  considered  best 
qualified  to  fill  the  the  position  of  teachers.  The  board 
may  provide  all  rules  and  regulations  necessarj^  for  the 
conduct  of  svich  schools,  and  it  may  require  the  use  of 
such  text  books  as  it  may  think  proper. 

Sec.  7.  Be  it  further  enacted,  That  said  board  of  edu- 
cation shall  have  power  to  lease,  purchase,  build,  or 
keep  in  repair  school  houses;  and  all  property,  real  or 
personal,  now  used  by  the  mayor  and  city  council  of 
Anniston,  for  school  purposes,  shall  vest  in  and  be  under 
the  control  of  said  board,  and  shall  be  used  for  the  same 
purposes  upon  its  organization. 

Sec.  8.  Said  board  of  education  shall  receive  its  pro- 
portionate share  of'the  public  school  revenue,  including 
a  pro  rata  share  of  the  sixteenth  section  fund  of-  each 
township  which  lies  wholly  or  in  part  within  said  school 
district,  and  shall  receive  all  the  taxes  collected  as  poll 
taxes  within  said  district  for  the  use  and  maintenance  of 
the  public  schools  therein,  and  for  the  purpose  herein 
authorized,  which  said  moneys  shall  be  paid  over  to  the 
treasurer  of  the  city  of  Anniston,  and  shall  be  by  him 
kept  and  disbursed  as  provided  by  section  five  of  this 
act. 

Sec.  9.  The  superintendent  of  said  schools  shall  at- 
tend to  the  taking  of  the  school  census  (with  such  assist-. 
ance  as  may  be  allowed  him  by  said  school  board)  when- 
ever such  census  is  required  to  be  taken,  and  he  shall 
make  a  full  report  of  same  to  said  board  and  to  the  State 
Superintendent  of  Education. 

Sec.  10.  Said  board  of  education  shall  have  power  to 
charge  in  the  high  schools  (if  such  be  established)  such 
incidental  or  other  fees,  as  may  be  necessary  for  the 
proper  conduct  of  such  high  schools,  but  no  fee  shall  be 
charged  in  any  school  of  lower  grade  than  the  high 
school. 

Approved  January  28,  1891. 


'  "orNrvERsiTy  " 


; 


CANEBRAKE  AGRICULTURAL  EXPERIMENT 
STATION. 


1.  There  is  hereby  established  at  or  near  Uniontown, 
in  Perry  county,  Alabama,  a  branch  agricultural  experi- 
ment station,  to  be  known  as  the  Canebrake  Agricul- 
tural Experiment  Station,  for  the  purpose  of  conducting 
and  making  experiments  in  scientific  agriculture. 

2.  The  board  of  control  of  said  station  shall  be  com- 
posed of  the  commissioner  of  agriculture  and  the  direc- 
tor of  the  experiment  station  at  the  A.  &  M.  College  and 
five  progressive  farmers  who  are  actually  engaged  in  cul- 
tivating canebrako  lands,  three  of  whom  must  reside 
within  ten  miles  of  the  station,  and  who  shall  be  ap- 
pointed by  the  governor  and  hold  their  office  for  three 
years.  No  member  of  the  board  of  control  shall  receive 
any  compensation,  but  shall  be  entitled  to  pay  for  their 
actual  traveling  expenses  when  visiting  said  station  and 
while  at  said  station  on  the  business  thereof. 

3.  Said  branch  experiment  station  shall  conduct  such 
experiments  as  will  best  advance  the  interests  of  scien- 
tific agriculture,  particularly  on  canebrake  lands.  All 
chemical  analyses  required  by  said  branch  station,  shall 
be  made  for  the  department  of  agriculture  by  the  A.  & 
M.  College  without  charge  therefore. 

4.  Said  board  of  control  shall  have  the  power  to  pay 
the  director  a  reasonable  salary  for  his  supervision  of 
said  station,  not  to  exceed  the  sum  of  two  hundrod  and 
fifty  dollars. 

5.  For  the  purpose  of  enabling  said  station  to  employ 
a  competent  assistant  director,  there  is  appropriated  an- 
nually the  sura  of  twenty-five  hundred  dollars  to  defray 


140 

the  expenses  of  said  station,  and  the  annual  appropria- 
tion shall  be  paid  quarterly  to  the  treasurer  of  said  sta- 
tion. 

Acts  Feb.  17,  1885,  and  Feb.  16,  1887. 


ABBEVILLE  AND  ATHENS  AGRICULTURAL  EX- 
PERIMENT STATIONS. 


1.  A  branch  agricultural  experiment  station  and  ag- 
ricultural school,  to  be  known  as  the  North  Alabama 
Agricultural  Experiment  Station  and  Agricultural 
School ,  and  a  branch  agricultural  station  and  agricul- 
tural school,  to  be  known  as  the  Southeast  Alabama  Ag- 
ricultural Experiment  Station  and  School,  are  hereby- 
established. 

2.  The  commissioner  of  agriculture  and  the  director 
of  the  experiment  station  at  Auburn,  Alabama,  shall  lo- 
cate said  stations  and  schools,  one  at  some  place  in  North 
Alabama,  and  the  other  at  or  near  Abbeville,  in  Henry 
county,  in  Southeast  Alabama. 

2i.  The  board  of  control  of  said  stations  and  schools 
shall  be  composed  of  the  commissioner  of  agriculture 
and  the  directors  of  the  agricultural  experiment  sta- 
tion at  Auburn,  Alabama,  and  five  progressive  farmers, 
who  are  actually  engaged  in  cultivating  Tennessee  Val- 


141 

ley  lands,  and  five  progressive  farmers  who  are  actually 
engaged  in  cultivating  red  pine  lands,  or  lands  of  similar 
character,  in  Southeast  Alabama,  the  same  to  be*  ap- 
pointed by  the  governor;  three  of  whom  must  reside 
within  ten  miles  of  each  of  said  stations.  The  members 
of  said  board  must  receive  no  compensation  other  than 
expenses  actually  incurred  in  visiting  the  stations  and. 
while  thore  snp'^rvisin?'  their  pIFi  re 

3 .  The  said  board  of  control  shall  have  power  to  pay 
the  director  a  reasonable  salary  for  his  supervision  of 
said  stations,  not  to  exceed  the  sum  of  two  hundred  and 
fifty  dollars,  and  the  said  board  of  control  shall  also  have 
power  to  elect  the  principals  and  teachers  of  said  schools 
and  manage  said  schools  and  stations  as  in  their  judg- 
ment they  think  best. 

4.  For  the  equipment  and  improvement  of  said  sta- 
tions and  schools  there  is  hereby  appropriated,  out  of  the 
funds  of  the  agricuUrtral  department  in  the  treasury,  not 
otherwise  appropriated,  the  sum  of  six  thousand  dollars, 
to  be  equally  divided  between  said  stations  for  the  first 
year,  and  for  every  year  thereafter,  the  sum  of  six  thou- 
sand dollars,  to  be  equally  divided  between  said  stations, 
seven  hundred  and  fifty  dollars  of  which  sum  shall  be 
paid  quarterly,  to-wit :  1st  of  January,  1st  of  April,  1st 
of  July,  and  1st  of  October,  to  each  treasurer  of  said 
board  of  control  at  said  station. 

4i.  The  board  of  directors  have  authority  to  purchase 
suitable  lands,  not  to  exceed  in  quantity  eighty  acres, 
for  each  of  said  stations,  taking  the  title  to  the  State; 
and  to  construct  thereon  the  necessary  buildings,  and 
other  improvements  not  exceeding  more  than  two  thou- 
sand dollars  of  the  appropriation  herein  made  for  each 
station,  in  making  such  purchases,  and  in  the  construc- 
tion of  such  buildings  and  improvements  for  each  of  said 
stations  and  scliuolb  during  any  one  year.  The  board 
also  have  authority  to  appoint  and  discharge  at  pleasure 


142 

such  officers,  agents  or  servants  as  are  deemed  necessary 
to  the  operation  of  the  station,  fixing  their  compensation, 
and  ihay  appoint  a  director  to  conduct  the  operations  of 
the  stations,  under  the  superintendence  and  direction, 
and  subject  to  the  rules  and  regulations  of  the  board. 

5.  The  board  must  cause  such  experiments  to  be  made 
at  the  stjations  as  will  advance  the  interests  of  scientific 
agriculture,  particularly  on  Tennessee  Valley  lands  and 
on  red  pine  lands  and  lands  of  a  similar  character  in 
Southeast  Alabama,  and  to  cause  such  chemical  analyses 
to  be  made  as  are  deemed  necessary ;  all  such  analyses, 
if  requested,  to  be  made  under  the  supervision  of  the 
commissioner  of  agriculture  by  the  chemist  of  the  agri- 
cultural department  without  charge. 

6.  Said  board  of  control  may  adopt  such  rules  and 
regulations  as  they  may  deem  necessary  for  the  proper 
carrying  out  of  the  provisions  of  this  act. 

Feb.  28,  1889,  and  Feb.  13,  1893!  g 


EVERGREEN  BRANCH  AGRICULTURAL  EXPERI- 
MENT    STATION    AND    AGRICULTURAL 
SCHOOL  IN  SOUTHWEST  ALABAMA. 


1.     A  branch  agricultural  experiment  station  and  ag- 
ricultural school  to  be  known  as  the  Southwest  Alabama 


143 

Agricultural  and  Experiment  Station   and  Agricultural 
School  is  hereby  established. 

2.  The  commissioner  of  Agriculture  shall  locate  said 
station  and  school  in  Southwest  Alabama,  within  the 
territory  embraced  in  the  counties  of  Escambia,  Baldwin, 
-Conecuh,  Monroe,  Clarke,  Washington  and  Choctaw. 

3.  The  board  of  control  of  said  station  and  school 
shall  be  composed  of  the  commissioner  of  agriculture  and 
the  directors  of  the  agricultural  experiment  station  at 
Auburn,  Ala.,  and  five  progressive  farmers  who  are  actu- 
ally engaged  in  cultivating  the  lands  within  the  territory 
specified  in  section  two  of  this  act,  the  same  to  be  ap- 
pointed by  the  Governer,  three  of  whom  must  reside 
within  ten  miles  of  said  station.  The  members  of  said 
board  must  not  receive  any  compensation  other  than  ex- 
penses actually  incurred  in  visiting  the  station  and  while 
there  supervising  their  aflfairs. 

4.  Tho  board  of  control  shall  have  authority  to  em- 
ploy a  director  of  said  experimental  station,  a  principal 
of  the  faculty  and  such  other  teachers  as  the  require- 
ments of  the  school  may  demand,  to  grant  certificates  of 
proficiency  to  such  pupils  as  may  complete  the  course  of 
studies  adopted  for  said  school,  and  to  fix  salaries  of 
principal,  teachers  and  director ;  provided,  that  the  sal- 
ary of  said  director  shall  not  exceed  two  hundred  and 
fifty  dollars  per  annum,  and  to  have  general  supervision 
and  management  of  said  school  and  station. 

5.  For  the  equipment  and  improvement  of  said  sta- 
tion and  school,  there  is  hereby  appropriated  out  of  the 
funds  of  the  agricultural  department  in  the  treasury  not 
otherwise  appropriated  the  sum  of  two  thousand  five 
hundred  dollars  for  the  first  year,  and  an  equal  sum  for 
every  year  thereafter.  Six  hundred  and  twenty-five  dol- 
lars of  which  sum  shall  be  paid  quarterly,  to-wit :  First 
of  January,  first  of  April,  first  of  July  and  first  of  Octo- 


144 

ber  to  the  treasurer  of  said  board  of  control  at  said   sta- 
tion. 

6.  That  the  board  of  directors  has  authority  to  pur- 
chase suitable  lands,  not  to  exceed  in  quantity  fifty 
acres  for  said  station,  taking  the  title  to  the  State,  and 
to  construct  thereon  the  necessary  buildings  and  other 
improvements,  not  expending  more,  than  fifteen  hundred 
dollars  of  the  appropriation  herein  made  for  said  station, 
in  making  such  purchase  and  in  the  construction  of  such 
buildings  and  improvements  for  said  station  and  school. 
The  board  also  has  authority  to  to  appoint  and  discharge 
at  pleasure  such  officers,  agents  and  servants,  as  are 
deemed  necessary  to  the  operation  of  the  station ,  fixing 
their  compensation,  and  may  appoint  a  director  to  con- 
duct the  operations  of  the  station ,  under  the  superinten- 
dence and  direction,  and  subject  to  the  rules  and  regula- 
tions of  the  board. 

7.  The  board  must  cause  such  experiments  to  be 
made  at  the  station  as  will  advance  the  interest  of  sci- 
entific agriculture,  particularly  on  the  lands  included  in. 
the  territory  named  in  the  second  section  of  this  act,  and 
to  cause  such  chemical  analysis  to  be  made  as  are 
deemed  necessary.  All  such  analysis,  if  requested,  ta 
be  made  under  the  supervision  of  the  commissioner  of 
agriculture  by  the  chemist  of  the  agricultural  depart- 
ment without  charge. 

8.  Said  board  of  control  may  adopt  such  rules  and 
regulations  as  they  may  deem  necessary  for  the  proper 
carrying  out  the  provisions  of  this  act. 

Approved  February  21,  1893. 
Amended  February  18,  1895. 


ALBERTVILLE   AGRICULTURAL    SCHOOL    AND 
EXPERIMENT  STATION  AT  ALBERT- 
VILLE,   ALABAMA. 


1.  A  branch  agricultural  experiment  station  and  ag- 
ricultural school,  to  be  known  as  the  Northeast  Alabama 
Agricultural  Experiment  Station  and  Agricultural 
School  is  hereby  established. 

2.  The  governor,  superintendent  of  education  and 
commissioner  of  agriculture  shall  locate  said  station  and 
school  at  Albertville,  Marshall  county,  Lebanon,  DeKalb 
county,  or  Spriugville,  St.  Clair  county,  Alabama. 

3.  The  board  of  control  of  said  station  and  school 
shall  be  composed  of  the  commissioner  of  agriculture, 
and  the  director  of  the  agricultural  experiment  station  at 
Auburn,  Alabama,  and  five  progressive  farmers  who  are 
actually  engaged  in  cultivating  lands  in  said  district, 
the  same  to  be  appointed  by  the  governor,  three  of  whom 
must  reside  within  ten  miles  of  said  station  ;  the  mem- 
bers of  said  board  must  not  receive  any  compensation 
other  than  expenses  actually  incurred  in  visiting  the 
station,  and  while  there  supervising  the  affairs. 

4.  The  said  board  of  control  shall  have  power  to  pay 
the  director  a  reasonable  salary  not  to  exceed  the  sum  of 
two  hundred  and  fifty  dollars,  and  the  said  board  of  con- 
trol shall  also  have  power  to  elect  the  principal  and 
teachers  of  said  school,  and  manage  said  school  and  sta- 
tion, as  in  their  judgment  they  think  best. 

5.  For  the  equipment  and  improvement  of  said  sta- 
tion and  school  there  is  hereby  appropriated  out  of  the 
funds  of  the  agricultural  department  in  the  treasury  not 

10 


146 

otherwise  appropriated,  the  sum  of  twenty -five  hundred 
dollars  annually,  which  sum  shall  be  paid  quarterly,  to- 
wit :  first  of  January,  first  of  April,  first  of  July,  and 
first  of  October,  to  the  treasurer  of  said  board  of  control 
at  said  station. 

6.  The  board  of  directors  has  authority  to  purchase 
suitable  lands,  not  to  exceed  in  quantity  eighty  acres 
for  said  station,  taking  title  to  the  State,  and  construct 
thereon  the  necessary  buildings  and  other  improve- 
ments, not  expending  more  than  two  thousand  dollars  of 
the  appropriation  herein  made  for  such  station  in  mak- 
ing such  purchases  and  in  the  construction  of  such  build- 
ings and  improvements  for  said  station  and  school.  The 
board  also  has  authority  to  appoint  and  discharge  at 
pleasure  such  officers,  agents  and  servants  as  are  deemed 
necessary  to  the  operation  of  the  station  under  the  super- 
intendence and  direction,  and  subject  to  the  rules  and 
regulations  of  the  board. 

7.  The  board  must  cause  such  experiments  to  be  made 
at  the  station  as  will  advance  the  interest  of  scientific  agri- 
culture, and  to  cause  such  chemical  analyses  to  be  made 
as  are  deemed  necessary  ;  all  such  analyses,  if  required, 
to  be  made  under  the  supervision  of  the  commissioner  of 
agriculture,  by  the  chemist  of  the  agricultural  depart- 
ment without  charge,. 

8.  Said  board  of  control  may  adopt  such  rules  and 
regulations  as  they  may  deem  necessary  for  the  proper 
Carrying  out  the  provisions  of  this  act. 

Feb.  21,  1893. 


AN  ACT 

To  establish  five  additional  branch  agricultural  experi- 
ment stations  and  agricultural  schools  to  be  located  in 
the  first,  fourth,  fifth,  sixth,  and  ninth  congressional 
districts  respectively  in  the  State  of  Alabama. 


147 

Section  1 .  Be  it  enacted  by  the  General  Assembly  of 
Alabama,  That  five  additional  agricultural  branch  ex- 
periment stations  and  agricultural  schools  are  hereby 
established  to  be  located  in  the  first,  fourth,  fifth,  sixth 
and  ninth  congressional  districts  respectively  in  the  State 
of  Alabama. 

Sec.  2.  Be  it  further  enacted,  That  the  commissioner 
of  agriculture,  governor  and  superintendent  of  educa- 
tion shall  locate  said  stations  and  schools  one  in  each  of 
said  first,  fourth,  fifth,  sixth  and  ninth  congressional 
districts  respectively. 

Sec.  3.  Be  it  further  enacted,  That  the  board  of  con- 
trol of  said  stations  and  schools  shall  be  composed  of  the 
commissioner  of  agriculture  and  the  directors  of  the  ag- 
ricultural experiment  statibn  at  Auburn,  Alabama,  and 
five  progressive  farmers,  who  are  actively  engaged  in 
cultivating  the  lands,  the  same  to  be  appointed  by  the 
governor,  three  of  whom  must  reside  within  ten  miles  of 
said  stations.  The  members  of  said  board  must  not  re- 
ceive any  compensation  other  than  expenses  actually 
incurred  in  visiting  the  stations  and  while  there  super- 
vising their  aifairs. 

Sec.  4.  Be  it  further  enacted,  That  the  said  board  of 
control  shall  have  power  to  pay  the  directors  a  reason- 
able salary  for  their  supervision  of  said  station,  not  ex- 
ceeding two  hundred  and  fifty  dollars  per  annum,  for 
each  director,  from  the  amount  hereinbelow  appropriated, 
and  the  said  board  of  control  shall  also  have  power  to 
elect  the  principal  and  teachers  of  said  school  and  man- 
age said  schools  and  stations  as  in  their  judgment  they 
think  best. 

Sec.  5.  Be  it  further  enacted.  That  for  the  equipment 
and  improvement  of  said  stations  and  schools  there  is 
hereby  appropriated  out  of  the  agricultural  fund  in  the 
treasury,  not  otherwise  appropriated,  an  equal  amount 
to  the  sum  appropriated  to  each  of  the  other  agricultural 


148 

schools  and  experiment  stations  in  Alabama.  Provided^ 
there  is  so  much  in  said  fund  not  otherwise  appropriated, 
one-fourth  of  said  sum  to  be  paid  quarterly,  to-wit :  Jan- 
uary 1st,  April  1st,  July  l^t  and  October  1st,  of  each 
year  to  the  treasurer  of  said  board  of  control  of  said  sta- 
tions. 

Sec.  6.  Be  it  further  enacted,  That  the  board  of  direc- 
tors shall  have  authority  to  purchase  suitable  lands  not 
exceeding  fifty  acres  for  each  of  said  stations,  taking  title 
to  the  state,  and  to  construct  thereon  the  necessary  build- 
ings and  other  improvements  not  to  exceed  one  thousand 
dollars  of  the  appropriation  herein  made  for  each  of  said 
stations  and  schools.  The  board  shall  also  have  author- 
ity to  appoint  and  discharge  at  pleasure  such  officers, 
agents  and  servants  as  are  deemed  necessary  to  the  oper- 
ation of  the  stations,  fixing  their  compensation,  and  may 
appoint  a  director,  the  operations  of  ihe  stations  under 
the  superintendence  and  direction  and  subject  to  the 
rules  and  regulations^of  the  board  of  control. 

Sec.  7.  Be  it  further  enacted-,  That  the  board  must 
cause  such  experiments  to  be  made  at  said  stations  as 
will  advance  the  interest  of  scientific  agriculture  and  to 
cause  such  chemical  analyses  to  be  made  as  are  deemed 
necessary.  All  such  analyses,  if  requested,  to  be  made 
under  the  supervision  of  the  commissioner  of  agriculture 
by  the  chemist  of  the  agricultural  department  without 
charge. 

Sec.  8.  Be  it  fvrther  enacted,  That  said  board  of  con- 
trol may  adopt  such  rules  and  regulations  as  they  may 
deem  necessary  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  act. 

Sec.  9.  That  no  school  and  experiment  station  shall 
be  established  in  either  of  said  congressional  districts 
until  such  district  or  the  citizens  thereof  shall  donate 
and  convey  to  the  State,  for  the  use  of  such  stations  and 
schools,  real  estate  or  buildings,  not  less  than  five  thou- 


149 

sand  dollar*  in  value  as  approved  by  the  commissioner 
of  agriculture.  Provided,  that  when  the  school  is  estab- 
lished in  the  sixth  district,  it  shall  be  established  under 
this  bill,  at  Hamilton,  Marion  county,  and  that  for  the 
fifth  district  at  Hayneville,  Lowndes  county.  Provided 
further,'  and  when  located,  the  Hamilton  people  shall 
make  title  to  the  State  for  the  school  building  and  eighty 
acres  of  land  adjoining. 
Approved  February  18th,  1895. 


Separate  School  Districts — "When  Established. 


Anniston — Acts,  1882-3,  amended,  Acts  1884-6. 
1890-91,  1894-5. 

Auburn — Acts,  1884-5. 

Blountsville— Acts,  1884-5. 

Clintonville— Acts,  1882-3. 

Cullman,  Cullman  County — Amended  1892-3. 

Evergreen — Acts,  1878-9. 

Faunsdale— Acts,  1882-3. 

Haw  Ridge— Acts,  1884-5. 

Magnolia — Acts,  1884-5. 

Marion— Acts,  1876-7. 

Oxmoor— Acts,  1876.— Acts,  1886-7. 

Peabody— Acts,  1882-3;  amended  1884-5— 1886-7. 

Spring  Hill— Acts,  1884-5. 

Texasville— Acts,  1884-5. 

Tuscumbia — Acts,  1884-5. 

Union  Springs— Acts,  1880-1—1886-7. 

Warrior — Acts,  1884-5. 

Calhoun  and  Etowah  counties,  T.  12,  R.  17  and  18 — 
Acts,  1884-5. 

Dallas  county,  certain  fractional  townships — Acts, 
1882-3. 

Lauderdale  county,  territory  east  of  Shoal  Creek — 
Acts,  1882-3. 

Walker  county,  T.  14,  R's  8  and  9— Acts,  1884-5. 

Franklin  and  Madison  County  Superintendents  re- 
ceive 3  per  cent,  and  pay  Teachers  monthly. 


151 
Special  Acts  Session  1886-7. 


Burnett  District,  Cherokee  County. 
Coffee  County,  School  District. 
DeKalb  County,  Valley  Head  District. 
Greene  County,  Normal  school,  colored. 
Greenville  District. 

Hale  County,  Liberty  District.  * 

Dale  County,  School  District. 
Jefferson  County,  Superintendent's  salary,  &c. 
Lamar  County,  appointment  of  School  Officers. 
Limestone  County,  Center  Hill  District. 
Lowndes  County  Superintendent  receives  $100  Salary 
and  2i  per  cent.  Commission, 

Marengo  County,  Aimwell  District. 
Marion  County,  appoints  school  officers. 
Montgomery  School  District — Amended  1884-5. 
Morgan  County,  School  District. 
Perry  County,  School  District. 
Talladega  City  Schools. 


Separate  School  Districts — Established  1888-9. 


Aimwell — Marengo  county. 
Alco — Escambia  county. 
Baker — Henry  county. 
Blount  Springs — Blount  .county. 
Callahan — Conecuh  county. 
Central  Institute — Elmore  county. 


152 

Cinnibee — Talladega  county . 

Fortner — Conecuh  county. 

Hazle  Green — Madison  county. 

Ironaton — Talladega  county. 

Lawrence  Grove — Morgan  county. 

Moss  Creek — Marengo  county. 

New  Decatur — Morgan  county. 

Decatur — act  amended — Morgan  county. 

Pleasant  Giove — act  amended — Jackson  county. 

Salem — Lee  county. 

Salitpa — Clarke  county. 

Stuckey — Marion  and  Lamar  counties. 

Sylvan  Grove — Dale  county. 

Titi — Coffee  county. 

Act,  providing  for,  in  Tuskaloosa  county. 

Tuskegee — Macon  county. 

Union — Limestone  county. 

Woodland  Mills — Morgan  county. 

Wolf's  Beat — Morgan  county. 

Perry  county — Increase  pay  of  County  Superinten- 
dent. 

Escambia — As  to  title  inT.  2,  R.  10. 

Cullman  county — elects  Township  Trustees. 

Covington  county — elects  Township  Trustees. 

Chambers  county — LaFayette  gets  liquor  license. 

Blount  county — elects  Township  Trustees. 

To  repeal  monthly  pay  in  Lamar,  Fayette  and  Marion 
counties. 


Separate  School  Distribts — 1890-91. 


Albertville. 


153 

Anniston. 

Attalla. 

Bridgeport. 

Cherokee. 

China  Grove. 

Cleveland. 

Cooks  Springs. 

County  line,  Cullman  County. 

Covington  County,  T.  6  &  Range  14. 

Dallas  County,  Fractional  Townships  in. 

Eufaula. 

Florence. 

Girard. 

Good  Hope. 

Jones  Chapel. 

Luverne. 

Maple  Grove. 

Pleasant  Grove. 

Selma. 

Stucky. 

Sylvan. 

The  Deans. 


Separate  Sbhool  Districts. — 1892-3. 


James — Bibb  county. 

Blackwoods — Henry  and  Dale  counties. 

Bowen — Henry  county. 

Oxanna — Calhoun  county. 

No.  Four— Coffee  county. 

Dadeville—Tallapoosa  county. 


154 

Blockwood — Dale  county. 
Eastlake — Jefferson  county. 
Fairfield — Geneva  county. 
Eutaw — Green  county. 
Hampton — Madison  county. 
Hayne — Lowndes  county. 
Brown — Henry  county. 
Thomas — Jefferson  county, 
Lowndesboro — Lowndes  county. 
Magnolia — Lowndes  county. 
Melville — Winston  county. 
Oak  Grove — Pike  county. 
Oneonta — Blount  county. 
Pell  City — St.  Clair  county. 
Union  Grove — Winston  county. 
Waterloo — Lauderdale  county. 
Wetumpka — Elmore  county. 


Separate  School  Districts,  1894-5. 


Anton — Winston  county. 
Benton — Lowndes  county. 
Boaz — Marshall  county. 
Brewton — Escambia  county. 
Clintonville — Coffee  county. 
Crane  Hill — Cullman  county. 
Daviston — Tallapoosa  county. 
Dismal — Winston  county. 
Fillman — Winston  county. 
Geo.  N.  Gilmer — Lowndes  county. 
Glendale — Monroe  county. 


155 

Greensboro— Hale  county. 
Headland — Henry  county. 
Hulacho — Cullman  county. 
Jasper — Walker  county. 
Newburgh — Franklin  county. 
Pleasant  Hill — Jefferson  county. 
Poplar  Springs — Winston  county. 
Pintlala — Lowndes  county. 
Reynolds — Henry  county. 
Rockford — Coosa  county. 
Rodgers — Pike  county. 
TafF — Cheroke  county. 
Union  Hill — Henry  county. 
Wyndham  Creek — Lowndes  county. 


OPINIONS  OF  ATTOBNEY-GENERAL. 


PROCEEDS  OF  TIMBER  SALES. 


Montgomery,  February  11,  1890. 
Hon.  Solomon  Palmer,  Supt.  of  Education : 

Dear  Sir  :  In  reply  to  yours  of  recent  date  in  regard 
to  the  proper  disposition  of  the  money  arising  from  the 
sale  of  timber  off  of  school  lands, by  the  trustees  of  town- 
ship 5,  range  5  in  Jackson  county,  I  have  to  say,  that  in 
my  opinion  such  sale  was  not  authorized  by  law,  nor  is 
there  any  legal  authority  for  requiring  the  proceeds  to  be 
paid  into  the  State  treasury  to  the  credit  of  said  town- 
ship. 

Respectfully  submitted, 

W.  L.  Martin, 
Attorney-General . 


POLL  TAX  FUND. 


Montgomery,  April  11,  1889. 
^071.  CD.  Hogue,  State  Auditor: 

Dear  Sir  :  In  compliance  with  your  request  for  a 
written  opinion  construing  the  act  to  determine  and  fix 
the  amount  of  poll  tax  available  each  scholastic  year  for 


157 

school  purposes,  approved  February  28,  1889,  I  have  to 
say,  that  in  my  opinion,  the  leading  intention  of  the  act 
is  to  fix  a  basis  for  contracts  with  reference  to  the  poll 
tax  fund.  It  is  not  intended  to  make  an  appropriation 
of  the  sum  equal  to  the  poll  tax  of  last  year  in  addition 
to  or  in  lieu  of  the  amount  whicli  may  be  realized  from 
that  source  during  the  present  year ;  nor  is  it  intended 
that  the  State  shall  pay  out  a  sum  as  poll  tax  in  advance 
of  its  receipt  upon  the  treasury.  The  identity  of  the  poll 
tax  is  not  to  bo  disturbed.  The  amount  of  the  poll  tax 
paid  into  the  treasury  to  the  credit  of  the  school  fund, 
for  each  race  in  each  township  during  the  preceding  year, 
is  the  basis  and  the  limit  of  contracts  as  to  such  fund 
during  the  current  year  ;  the  poll  tax  received  into  the 
treasury  during  the  current  year,  together  with  any  bal- 
ance that  may  have  been  brought  forward,  to  the  credit 
of  each  race,  in  each  township,  is  the  fund  from  which 
it  is  contemplated  such  contracts  shall  be  paid.  The  act 
rests  on  the  assumption  that  the  poll  tax  fund  of  the  cur- 
rent year  will  be  at  least  equal  to  that  fund  paid  into  the 
treasury  during  the  preceding  year.  A  failure  in  this 
regard  will  present  questions  which  can  be  properly  de- 
termined when  they  arise. 

Of  course  the  act  can  not  affect  contracts  made  prior 
to  its  passage,  so  as  to  lessen  the  amount  to  be  paid  un- 
der such  contracts,  but  as  to  contracts  subsequently 
made  the  amount  of  the  poll  tax  paid  out  during  the  cur- 
rent year,  should  not  exceed  the  amount  of  that  fund  paid 
into  the  treasury  during  the  preceding  year  by  each  race 
in  each  township.  The  balance,  if  any,  would  be  car- 
ried forward  to  the  next  year.  Under  the  act  in  ques- 
tion, no  part  of  the  poll  tax  fund  can  hereafter  be  paid 
out  on  contracts  for  the  first  quarter  of  the  scholastic 
year. 

The  words  "past  taxes"  and  "final  quarter"  as  found 
in  the  proviso,  are  evidently  clerical  errors  ;  in  my  opin- 


158 

ioD,  they  will  be  respectively  construed  "poll  taxes"  and 
"first  quarter." 

Respectfully  submitted, 

W.  L.  Martin, 

Attorney-General. 


OVERPAYMENTS  TO  TEACHERS, 


Montgomery,  Ala.,  Dec.  31,  1890. 
Hon.  John  G.  Harris,  Superintendent  of  Education : 

Dear^Sir — I  have  received  your  favor  of  the  16th  in- 
stant, requesting  my  opinion  on  the  following  questions  : 

"1.  A  county  or  district  superintendent  pays  to  one 
teacher  more  money  than  the  amount  apportioned  to  the 
school  taught  per  capita.  By  what  process  can  such 
superintendent  be  reimbursed? 

"2.  A  superintendent  fails  to  pay,  by  oversight  or 
otherwise,  the  full  amount  due  to  a  teacher  for  teaching 
a  certain  school  when  said  amount  was  due  said  school. 
Where  is  the  remedy  of  the  teacher?  In  other  words,  a 
superintendent  pays  one  teacher  more  than  the  appor- 
tionment for  the  school  he  has  taught  and  another  less 
than  the  apportionment,  by  what  process  can  the  defect 
be  remedied?  Can  one  scholastic  year  be  encumbered- 
by  a  deficit  arising  during  another  scholastic  year  as  to 
these  overpayments  or  deficits? 

''3.  When  a  superintendent  pays  out  for  school  pur- 
poses more  than  comes  into  his  hands  for  that  scholastic 
year,  is  there  any  law,  positive  or  inferential,  that  will 
allow  these  overpayments  to  be  paid  out  of  the  appor- 


159     . 

tionment  for  the  succeeding  scholastic  year?  Has  the 
State  Superintendent  any  discretionary  powers  in  such 
case?" 

Before  proceeding  to  answer  your  question  I  will  quote 
certain  parts  of  the  school  law,  which  I  think  furnish  the 
basis  for  the  determination  of  the  questions  presented. 

Section  1009  of  the  Code  provides  :  As  soon  as  the 
apportionment  is  completed,  the  Superintendent  of  Edu- 
cation shall  have  the  same  recorded  in  his  office,  in  hooks 
kept  for  that  purpose,  showing  the  amount  which  has 
been  apportioned  to  each  school  district,  and  the  source 
or  sources  from  which  the  same  was  derived,  the  amount 
to  each  race  in  the  district,  and  the  number  of  children 
of  each  race  in  the  district  upon  which  the  apportion- 
ment was  based  ;  and  he  shall  then  furnish  to  each  coun- 
ty superintendent  of  education,  a  certified  copy  from 
such  books,  showing  the  dividends  of  the  Educational 
fund  to  each  township  or  district  under  the  latter 's  super- 
vision and  the  amount  so  divided  and  certified  shall  be 
the  total  amount  which  each  of  such  school  districts 
shall  be  entitled  to  receive  from  the  State,  except  the  poll 
tax,  during  the  current  scholastic  year;  and  no  contract 
to  pay  for  any  district  more  than  the  amount  thus  ap- 
portioned to  it  together  with  such  poll  tax  as  it  may  re- 
ceive, and  such  funds  as  may  be  in  hand  from  any  pre- 
vious year,  shall  be  valid  against  the  State  or  township." 

Subdivision  5  of  section  960,  provides  that  the  county 
superintendent  "shall  as  soon  as  he  receives  the  annual 
apportionment  of  the  Educational  fund  to  his  county, 
forthwith  notify  the  superintendent  of  each  township  of 
the  amount  apportioned  to  each  race  to  the  township." 
Subdivision  6  of  said  section  i)rovides  that  the  county 
superintendent  shall  keep  a  correct  account  of  the  amount 
of  the  Educational  fund  apportioned  to  and  distributed 
to  each  township  for  each  race. 

Section  967  makes  it  the  duty  of  the  township  superin 


.    160 

tendent,  after  determining  the  number  and  location  of 
schools,  to  apportion  to  each  school  so  established  the 
amount  it  shall  receive  from  the  public  school  revenue 
apportioned  to  the  township  and  race  for  the  current 
scholastic  year ;  and  by  section  968  he  is  required  to 
make  report   thereof  to  the  county  superintendent. 

Section  974  provides  that  the  township  superintendent 
shall  in  no  case  contract  with  teachers  until  he  has  defi- 
nately  determined  the  number  and  location  of  schools 
in  his  district  and  the  amount  of  money  each  school  shall 
receive  from  the  amount  apportioned  to  the  district. 

Section  975  provides  that  all  contracts  with  teachers 
shall  be  in  writing  and  shall  specify  the  amount  to  be 
paid  per  month  from  the  district  fund  and  that  no  con- 
tract shall  be  valid  without  the  approval  of  the  county 
superintendent. 

The  careful  manner  in  which  the  law  provides  for  the 
apportionment  of  the  Educational  fund  to  each  township 
and  race,  and  for  informing  school  officers  of  such  ap- 
portionment before  they  are  required  to  act,  leaves  no 
room  to  doubt  that  the  amount  apportioned  "to  each 
township  and  race"  for  the  scholastic  year  is  the  exclu- 
sive property  of  such  township  and  race  for  the  main- 
tenance of  schools  during  the  current  scholastic  year,, 
and  no  part  of  such  fund  can  be  lawfully  applied  in  any 
other  manner. 

If  a  county  superintendent  pays  a  teacher  or  teachers 
of  either  race  more  money  than  the  amount  accruing  to 
the  district  for  such  race  as  provided  by  section  1009 
herein  quoted,  there  is  no  legal  way  in  which  he  can  be 
reimbursed.  The  section  referred  to  expressly  provides 
that  no  contract  to  pay  in  excess  of  the  fund  there  men- 
tioned shall  be  valid  against  the  state  or  township .  To 
permit  a  county  superintendent  to  pay  out  money  in  ex- 
cess of  the  apportionment  a  fund  for  a  particular  town- 
ship and  race  during  a  scholastic  year   and  to  reimburse 


161 

himself  from  the  amount  apportioned  to  such  township 
and  race  for  a  subsequent  scholastic  year,  would  be  a 
violation  of  that  statute.  If  school  officers  in  making 
contracts  exceed  the  amount  of  the  fund  they  do  so  at 
their  peril.  When  a  county  superintendent  approves  a 
contract  with  a  teacher  he  thereby  becomes  bound  to 
pay  such  teacher  the  amount  stipulated  in  the  contract ; 
and  when  the  teacher  has  fully  complied  witli  his  part 
of  the  contract  and  comes  for  his  money  it  is  no  answer 
for  the  county  superintendent  to  say  that  the  amount 
stipulated  in  the  contract  exceeds  the  amount  of  the 
fund  for  the  township  and  race  for  which  the  scliool  was 
taught.  In  such  case  the  teacher  may  recover  the  stipu- 
lated compensation,  by  suit  against  the  superintendent 
and  the  sureties  on  his  official  bond. 

But  in  such  case,  if  the  fund  for  the  township  and 
race  for  the  scholastic  year  is  exhausted  there  is  no  fund 
from  which  the  county  superintendent  can  lawfully  re- 
imburse himself.  He  can  not  use  the  money  of  one 
township  and  race  to  repay  himself  an  amount  overpaid 
another  district  and  race  ;  nor  can  any  part  of  the  ap- 
propriation for  another  year  be  lawfully  used  in  that 
way.  For  such  deficit  the  county  superintendent  is  left 
without  remedy. 

When  two  or  more  schools  for  one  race  are  established 
in  a  district  and  the  fund  for  such  district  and  race  is 
apportioned  to  such  schools  this  does  not  multiply  the 
accounts  to  be  kept  by  the  county  superintendent ;  the 
account  which  he  is  required  by  law  to  keep,  is  of  the 
fund  for  each  district  and  race  ;  and  while  the  appor- 
tionment so  made  by  the  township  superintendent  should 
be  observed  as  far  as  practicable,  the  county  superin- 
tendent is  not  limited  to  the  amount  per  capita  appor- 
tioned to  each  school  in  the  payment  of  teachers  for  such 
district  and  race.  The  fund  for  the  townsliip  and  race 
11 


162 

is  legally  disbursed  when  paid  to  teachers  for  such  town- 
ship and  race  during  the  current  scholastic  year. 
Respectfully  submitted, 

Wm.  L.  Martin, 
Attorney  General. 


TOWNSHIP  TRUSTEES. 


Office  of  Attorney  General.   ' 

Montgomery,  June  2,  1891. 

Hon.  Jno.  G.  Harris, 

Superintendent  of  Education. 

Dear  Sir — In  reply  to  your  favor  of  the  30th  ultimo 
I  give  you  the  following  opinion  : 

Section  2  of  the  act  approved  February  10,  1891,  "To 
regulate  the  apportionment  of  the  school  fund  in  this 
state  by  the  Superintendent  of  Education,"  acts  1890-91, 
p.  554,  provides :  "The  in  lieu  of  township  superin- 
tendents the  county  superintendent  shall  appoint  under 
this  law  three  (3)  township  trustees  who  shall  be  free- 
holders and  householders,  resident  in  the  township  for 
which  theyfare  appointed."  Section  966  of  the  Code  of 
1886,  provides  :  "A  township  superintendent  for  each 
township  or  other  school  district  in  each  county,  who 
shall  be  a  freeholder  or  householder  resident  in  such 
township  or  other  school  district  shall  be   appointed  by 


163 

the  county  superintendent  of  education,  subject  to  the 
approval  of  the  Superintendent  of  Education  whose  term 
of  office  shall  be  for  two  years  and  until  his  successor 
shall  qualify,  and  shall  commence  on  the  first  day  of 
October  of  each  odd  year. 

The  effect  of  section  2  of  the  act  of  February  10,  1891, 
above  quoted,  is  to  change  section  966  of  the  Code  so  as 
to  provide  for  the  appointment  of  three  trustees  instead 
of  a  township  superintendent,  and  to  require  that  such 
trustees  shall  possess  the  qualifications  of  both  house- 
holders and  freeholders  resident  in  the  township .  The 
township  superintendents  who  were  in  office  at  the  date 
of  the  passage  of  said  act  of  February  10,  1891,  and 
whose  terms  expire  on  the  first  day  of  October,  1891, 
are  not  intended  to  be  displaced  before  the  expiration  of 
their  term  of  office.  They  will  continue  in  office  until 
the  date  mentioned,  when  they  will  be  succeeded  by 
trustees  to  be  appointed  under  the  act  of  February  10, 
1891.  These  appointments  may  be  made  prior  to  the 
first  day  of  October  to  take  effect  at  that  date. 

The  several  special  acts  heretofore  from  time  to  time 
passed  by  the  legislature,  providing  for  the  election  of 
three  township  trustees  for  each  township  in  certain 
counties,  are  not  repealed  or  affected  by  the  act  of  Feb- 
ruary 10,  1891. 

Respectfully  submitted, 

Wm.  L.  Martin, 
Attorney  General.. 


CRIMINAL  PROVISIONS  OF  THE  CODE, 


§  3799  (4381)  Code  (ISSQ)  .—Embezzlement  by  county 
superintendents  of  education . — Any  county  superintendent 
of  education  to  whom  any  money  or  property  has  been 
delivered  as  county  superintendent*  of  education,  who 
embezzles  or  fraudulently  converts  to  his  own  use  such 
money  or  property  or  any  part  thereof  must  be  punished, 
on  conviction,  as  if  he  had  stolen  it  and  shall  forfeit  his 
office . 

§  3800  (4382) . — Embezzlement  by  using  school  money  for 
other  than  school  purposes . — Any  person  into  whose  hands, 
or  under  whose  control,  any  of  the  public  school  money 
may  come,  who  uses  or  permits  the  use  of  the  same,  or 
any  part  thereof,  except  for  purposes  of  the  public 
schools,  and  in  accordance  with  the  law  regulating  the 
public  schools,  and  providing  for  the  disbursement  of 
the  public  school  money,  is  guilty  of  embezzlement,  and, 
on  conviction,  must  be  punished,  as  if  he  had  stolen  it. 


SCHOOLMASTER'S     RIGHT    TO     PUNISH,     AND 
CRIMINAL  LIABILITY  FOR  ABUSE. 


State  of  Alabama, 

Department  of  Education, 

Montgomery. 

The  following  decision  of  the  Supreme  Court  of  Ala- 
bama is  publislied,  for  the  information  and  guidance  of 
teachers  and  other  public  school  officers.  Let  me  call 
the  attention  of  teachers  especial!}-  to  tlje  opinion  of  the 
court. 

Jno.  0.  Turner, 
State  Superintendent. 


SOMMERVILLE,  J.— The  defendant,  a  schoolmaster, 
being  indicted,  was  convicted  of  an  assault  and  battery 
on  one  Lee  Crowder,  a  pupil  in  his  school,  who  is  shown 
to  have  been  about  eighteen  years  of  age.  The  defense 
is,  that  the  alleged  battery  was  a  reasonable  chastise- 
ment inflicted  by  the  master  in  just  maintenance  of  dis- 
cipline, and  in  punishment  of  conduct  on  the  part  of  the 
pupil  which  tended  to  the  subversion  of  good  order  in 
the  school. 

The  case  involves  a  consideration  of  the  proper  rule 
of  law  prescribing  the  extent  of  the  schoolmaster's  au- 
thority to  administer  corporal  corrections  to  the  pupil. 

The  principle  is  commonly  stated  to  be,  that  the 
schoolmaster,  like  the  parent,  and  others  in  foro  domes- 
tico,  has  the  authority  to  moderately  chastise  pupils  un- 


166 

der  his  care — or,  as  stated  by  Chancellor  Kent,  "the 
right  of  inflicting  moderate  correction,  under  the  exer- 
cise of  a  sound  discretion."  2  Kent's  Com.  *203-206. 
In  other  words,  he  may  administer  reasonable  correc- 
tion, which  must  not  "  exceed  the  bounds  of  due  modera- 
tion, either  in  the  measure  of  it,  or  in  the  instrument 
made  use  of  for  the  purpose."  If  he  go  beyond  this  ex- 
tent, he  becomes  criminally  liable,  and,  if  death  ensues 
from  the  brutal,  injuries  inflicted,  he  may  be  liable  for 
not  only  assault  and  battery,  but  to  the  penalties  of 
manslaughter,  or  even  murder,  according  to  the  circum- 
stances of  the  case. — 1  Archbold's  Cr.  Prac.  *218;1 
Bish.  Cr.  Law  (7th  Ed.),  §§  881-2. 

This  power  of  correction,  vested  by  law  in  parents,  is 
founded  on  their  duty  to  maintain  and  educate  their  off- 
spring. In  support  of  that  authority,  they  must  have" 
"a  right  to  the  exercise  of  such  discipline  as  maybe 
requisite  for  the  discharge  of  their  sacred  trust." — 2 
Kent's  Com.  *203.  And  his  power,  allowed  by  law  to 
the  parent  over  the  person  of  the  child,  "may  be  dele- 
gated to  a  tutor  or  instructor,  the  better  to  accomplish 
the  purpose  of  education."  lb  *205  ;  1  Black.  Com. 
*507. 

The  better  doctrine  of  the  adjudged  cases,  therefore, 
is,  that  the  teacher  is,  within  reasonable  bounds,  the 
substitute  for  the  parent,  exercising  his  delegated  au- 
thority. He  is  vested  with  the  power  to  administer 
moderate  correction,  with  a  proper  instrument,  in  cases 
of  misconduct,  which  ought  to  have  some  reference  to 
the  character  of  the  offense,  the  sex,  age-,  size,  and  phys- 
ical strength  of  the  pupil.  When  the  teacher  keeps 
within  the  circumscribed  sphere  of  his  authority,  the 
degree  of  correction  must  be  left  to  his  discretion,  as  it 
is  to  that  of  the  parent,  under  like  circumstances.  With- 
in the  limit,  he  has  the  authority  to  determine  the  gravity 
or  heinousness   of   the   offense,  and  to  mete  out  to  the 


167 

offender  the  punishment  which  he  thinks  his  conduct 
justly  merits  ;  and  hence  the  parent  or  teacher  is  often 
said  pro  hac  vice,  to  exercise  "judicial  functions." 

All  of  the  authorities  agree,  that  he  will  not  be  per- 
mitted to  deal  brutally  with  his  victim,  so  as  to  endan- 
ger life,  limb,  or  health.  He  will  not  be  permitted  to 
inflict  "cruel  and  merciless  punishment." — Schouler's 
Dom.  Rel.  (4th  Ed.),  §  244.  He  cannot  lawfully  dis- 
figure him,  or  perpetrate  on  his  person  any  other  per- 
manent injury.  As  said  by  Gaston  J. ,  in  State  v.  Pender- 
grass,  2  Dev.  &  Bat.  Law,  365;  31  Amer.  Dec.  416,  a 
case  generally  approved  by  the  weight  of  American  au- 
thority, "It"  may  be  laid  down  as  a  general  rule,  that 
teachers  exceed  the  limit  of  their  authority,  when  they 
cause  lasting  mischief ;  but  act  within  the  limits  of  it, 
when  they  inflict  temporary  pain." 

There  are  some  well  considered  authorities,  which 
hold  teachers  and  parents  alike  liable  criminally,  if,  in 
the  infliction  of  chastisement,  they  act  clearly  without 
the  exercise  of  reasonable  judgment  and  discretion.  The 
test  which  seems  to  be  fixed  by  these  cases  is  the  general 
judgment  of  reasonable  men. — Patterson  v.  Nutter,  78  Me. 
509  ;  57  Amer.  Rep.  818.  The  more  correct  view,  how- 
ever, and  the  one  better  sustained  by  authority,  seems  to 
be,  that,  when  in  the  judgment  of  reasonable  men,  the 
punishment  inflicted  is  immoderate,  or  excessive,  and  a 
jury  would  be  authorized  from  the  facts  of  the  case  to  in- 
fer that  it  was  induced  by  legal  malice,  or  wickedness  of 
motive,  the  limit  of  lawful  authority  may  ,be  adjudged 
to  be  passed.  In  determining  this  question,  the  nature 
of  the  instrument  of  correction  used  may  have  a  strong 
bearing  on  the  inquiry  as  to  motive,  or  intention.  The 
latter  view  is  endorsed  by  Mr.  Freeman,  in  hid  note  to 
the  case  of  State  v.  Pender  grass ,  31  Amer.  Dec.  419,  as  the 
more  correct.  "The  qualification,"  he  observes,  "that 
the  schoolmaster  shall  not  act  from  malice,  will  protect 


168 

his  pupils  from  outbursts  of  brutality,  whilst,  on  the 
other  hand,  he  is  protected  from  liability  for  mere  errors 
of  judgment."  Lander  v.  Seaver,  32  Vt.  114  ;  76  Araer. 
Dec.  156,  and  note  pp.  164-167;  State  v.  Alford,  68  N.  C. 
322  ;  State  v.  Harru,  63  N.  C.  1. 

Judge  Reeves,  in  his  work  on  Domestic  Relations  in- 
dorses the  same  view,  asserting  that  the  parent  and 
schoolmaster,  in  imposing  chastisement  for  cause,  must 
be  considered  as  acting  in  a  judicial  capacity,  and  are 
not  to  be  held  legally  responsible  for  errors  of  judgment, 
although  the  punishment  may  appear  to  the  trial  court 
or  jury  to  be  unreasonably  severe,  and  not  j)roportioned 
to  the  offense,  provided  they  act  "conscientiously  and 
from  motives  of  duty."  -'But,"  he  says  further,  ''when 
the  punishment  is,  in  their  opinion,  thus  unreasonable, 
and  it  appears  that  the  parent .  acted  malo  animo — from 
wicked  motives — under  the  influence  of  an  unsocial  heart, 
he  ought  to  be  liable  to  damages.  For  error  of  opinion, 
he  ought  to  be  excused  ;  but  for  malice  of  heart,  he  must 
not  be  shielded  from  the  just  claims  of  the  child. 
"Whether  there  was  malice,  may  be  collected  from  the  cir- 
cumstances attending  the  iDunishment." — Reeves'  Dom. 
Rel.  (4th  Ed.),  357-358. 

Dr.  Wharton  in  his  work  on  Criminal  Law,  thus  states 
the  principle  :  "The  law  confides  to  schoolmasters  and 
teachers  a  discretionary  power  in  the  infliction  of  punish- 
ment upon  their  pupils,  and  will  not  hold  them  respon- 
sible, unless  the  punishment  be  such  as  to  occasion  per- 
manent injury  to  the  child,  or  be  inflicted  merely  to 
gratify  their  own  evil  passions.  The  teacher  must  be 
governed,  when  chastisement  is  proper,  as  to  the  mode 
and  severity  of  the  punishment,  by  the  nature  of  the  of- 
fense, the  age,  size,  and  apparent  powers  of  endurance  of 
the  pupil.  It  is  for  the  jury  to  decide  whether  the  pun- 
ishment is  excessive. — 1  Whart.  Cr.  Law  (9th  Ed.), 
§  632. 


169 

Mr.  Bishop  adds,  pertinent  to  the  same  subject :  "The 
law  has  provided  no  means  whereby  a  parent,  meditating 
chastisement,  can  first  obtain  a  judicial  opinion  as  to  its 
necessity,  the  proper  instruments,  and  its  duo  extent.  In 
reason,  therefore,  if  he  acts  in  good  faith,  prompted  by- 
pure  parental  love,  without  passion,  and  inflicts  no  per- 
manent injury  on  the  child,  he  should  not  be  punished 
merely  because  a  jury,  reviewing  the  case,  do  not  deem 
that  it  was  wise  to  proceed  so  far." — 1  Bish.  Cr.  Law 
(7th  Ed.) ,  §  882.  See,  also,  Schoulor's  Dom.  Rel.  (Ith 
Ed.) ,  §  244;  I  felack.  Com.  *  556 ;  1  Greenl.  Ev.  §  97 ;  2 
Addison  on  Torts  (Wood's  Ed.),  §840;  Danenhoffcr  v. 
State,  69  Ind.  295;  Com.  v.  Randall,  4  Gray  (Mass.)  36; 
State  V.  Burton,  45  Wis.  150. 

To  the  foregoing  authorities  I  may  add,  as  a  matter  of 
literary  curiosity,  rather  than  legal  authority,  the  follow- 
ing views  expressed  on  this  subject  by  Dr.  Samuel  John- 
son, to  his  biographer  Boswell,  as  far  back  1772.  Bos- 
well  was  of  counsel  for  a  schoolmaster  in  Scotland  who 
had  been  somewhat  severe  in  his  chastisement  of  one  of 
his  pupils,  and  the  case  was  pending  on  appeal  from  the 
Court  of  Sessions  before  the  English  House  of  Lords,  on 
a  proceeding  to  remove  him  from  his  office.  The  opinion 
of  the  most  learned  of  literary  philosophers  having  been 
solicited,  he  discoursed  as  follows  :  '  'The  government  of 
the  schoolmaster  is  somewhat  of  the  nature  of  a  military 
government — that  is  to  say,  it  must  be  arbitrary  ;  it  must 
be  exercised  by  the  will  of  one  man,  according  to  par- 
ticular circumstances.  A  schoolmaster  has  a  prescriptive 
right  to  beat,  and  an  action  of  assault  and  battery  can 
not  be  admitted  against  him,  unless  there  be  some  great 
excess,  some  barbarity.  In  our  schools  in  England  many 
boys  have  been  maimed,  yet  I  never  heard  of  an  action 
against  a  schoolmaster  on  that  account.  Puffendorf,  I 
think,  maintains  the  right  of  a  schoolmaster  to  beat  his 
scholars. — Boswell's  Life  of  Johnson,  voL  2,  pp.  89,  96. 


170 

While,  on  the  one  hand,  we  should  recognize  that 
every  child  has  rights  which  ought  to  be  protected  against 
the  brutality  of  a  cruel  teacher,  or  barbarous  parent,  on 
the  other,  it  is  equally  important  not  to  paralyze  that 
power  of  correction  and  discipline  by  the  rod,  given,  as 
Blackstone  asserts,  "for  the  benefit  of  education,"  which 
has  for  ages  been  deemed  necessary  alike  on  the  part  of 
parents  to  prevent  their  children  from  becoming  "the 
victims  of  bad  habits,  and  thereby  proving  a  nuisance  to 
the  community, "and  on  the  part  of  teachers  to  preserve 
that  dicipline  of  the  schools,  without  which  all  efforts  to 
promote  the  education  of  the  present  and  future  genera- 
tions will  prove  a  lamentable  failure. — Reeves'  Dom. 
Rel.  367.  No  regulation  of  the  schoolroom,  anymore 
than  a  law  of  the  State,  can  be  successfully  enforced  with- 
out the  aid  of  coercive  penalties.  A  law  without  a  pen- 
alty is  in  practice  a  dead  letter.  Moderate  chastisement 
is  established  by  immemorial  usage  as  the  only  available 
terror  to  vicious  and  incorrigible  evil-doers,  both  in  the 
homestead  and  in  the  school  room  ;  at  least  in  cases  where 
the  more  humane  law  of  kindness  and  moral  suasion  has 
proved  ineffectual.  "Foolishness,"  said  Solomon,  "is 
bound  up  in  the  heart  of  a  child,  biit  the  rod  of  correc- 
tion shall  drive  it  out  from  him."  "The  rod  and  reproof 
give  wisdom,  but  a  child  left  to  himself  causeth  shame  to 
his  mother."  And  again:  "Train  up  a  child  in  the 
way  he  should  go,  and  even  when  he  is  old,  he  will  not 
depart  from  it . "  These  words  are  as  true  now  as  they 
were  a  hundred  generations  ago,  when  they  were  uttered 
by  the  wise  man.  This  right  of  discipline  with  the  rod, 
administered  without  malice  or  immoderation,  has  been 
Avell  characterized  as  a  part  of  the  common  law  of  the 
school-room.  The  more  thoroughly  the  right  is  estab- 
lished, as  experience  in  all  discipline  shows,  the  less  fre- 
quent will  be  the  necessity  of  resorting  to  its  exercise  to 
enforce  obedience  to  the  lawful  mandates  of  the  parent, 
or  of  the  schoolmaster. 


171 

AVe  have  said  this  much  in  order  that  we  may  not  be 
misunderstood  in  the  conclusion  reached  by  us,  not  to 
disturb  the  judgment  of  conviction  in  this  case.  We 
can  not  say,  under  the  principles  above  stated,  that  the 
judge  of  the  Criminal  Court  reached  an  erroneous  con- 
clusion, in  adjudging  that  the  defendant  exceeded  his 
lawful  authority,  so  as  to  render  himself  liable  for  an  as- 
sault and  battery. 

The  statute  organizing  the  Criminal  Court  of  Pike 
county  confers  upon  convicted  parties  the  right  of  ap- 
peal to  this  court.  But,  where  a  jury  is  waived,  and  the 
judge  tries  the  facts,  the  decision  of  the  court  upon  the 
facts  is,  in  legal  effect,  equivalent  to  the  verdict  of  a 
jury,  and,  in  the  absence  of  statutory  power,  will  not  be 
reviewed  by  this  court  on  appeal. — Bell  v.  The  State,  75 
Ala.  25;  Calloway  v.  The  State,  lb.  37;  Knowles  v.  The 
State,  80  Ala.  9  ;  Winn  v.  The  State,  87  Alft.  137.  The 
statute' under  consideration  confers  no  such  jurisdiction 
on  this  court.— Acts  1888-89,  pp.  631-634,  §  15. 

It  is  only  where,  upon  the  undisputed  facts  of  the  case, 
with  all  proper  inferences  deducible  from  such  facts,  a 
jury  would  not  have  been  lawfully  authorized  to  find  the 
defendant  guilty  of  the  crime  charged,  that  we  will  re- 
view and  reverse  the  judgment  of  the  lower  court;  in 
other  words,  where  the  whole  question  raised  is  reduced 
to  one  of  law,  and  the  verdict  can  not,  as  matter  of  law, 
be  supported  by  any  reasonable  inferences  from  the 
evidence.  This  was  the  case  of  Skinner  v.  The  State,  87 
Ala.  105. 

There  was  evidence  in  this  case  from  which  the  infer- 
<-'nce  of  malice  could  have  been  deduced  as  influencing 
the  conduct  of  the  defendant  in  his  chastisement  of 
young  Crowder,  both  as  to  his  outbursts  of  temper,  and 
in  the  use  of  improper  instruments  of  correction.  Tak- 
ing, as  we  must,  every  reasonable  inference  which  the 
judge,  acting  as  a  jury,  could  have  drawn  from  the  evi- 


172  \ 

dence,  we  take  as  true,  among  others,  the  following  facts  : 
That,  after  the  severe  chastisement  administered  in  the- 
school-room,  defendant  followed  Crowder  into  the  school- 
yard, and  struck  him  with  "a  limb  or  stick,"  and  then- 
"put  his  hands  in  his  pocket,  as  if  to  draw  a  knife;"  that, 
although  Crowder  did  not  strike  back,  but  only  protest- 
ed against  and  resisted  castigation,  and,  after  apologiz- 
ing for  the  objectionable  languague  imputed  to  him, 
asked  permission  to  withdraw  from  the  school ,  the  de- 
fendant, after  promising  not  to  strike  him,  "afterwards- 
struck  him  in  the  face  three  licks  with  his  fist,  and  hit 
him  several  licks  over  the  head  with  the  butt  end  of  the 
switch.  From  these  blows,  eye  of  the  young  man  was 
* 'considerably  swollen,"  and  was  "closed  for  several 
days."  The  attending  physician  testified,  that  there 
were  "marks  on  his  head  made  by  a  stick,  in  his  opin- 
ion." One  mtness  asserts,  that  the  defendant  declared 
he  "would  conquer  him  (Crowder)  or  Jciil  him."  All- 
the  witnesses  for  the  State  say,  that  the  defendant  was- 
apparently  very  angry  all  the  time,  and  was  very  much 
excited,  and  after  he  got  through  whipping  Crowder  he 
remarked,  in  an  excited,  angry  voice,  in  the  presence  of 
the  school,  and  others,  that  he  "could  whip  any  man  in 
China  Grove  beat!"  From  this  unseemly  conduct  on 
the  part  of  one  whose  duty  it  was  to  set  a  good  example 
of  self- restraint  and  ge»tlemanly  deportment  to  his  pupils, 
there  was  ample  room  for  the  inference  of  legal  malice, 
in  connection  with  unreasonable  and  immoderate  cor- 
rection. Nor  was  the  limb  of  a  tree,  of  the  size  indicated 
by  the  evidence,  nor  a  clinched  fist  applied  in  bruising 
the  pupil's  eye,  after  the   manner   of  a  prize- figthter,   a 

proper  instrument  of  correction  to  be  used  on  such  an 
occasion. 

The  conviction  must  accordingly  be  sustained,  with- 
out assuming  any  jurisdiction  to  review  the  correctness 
of  the  judge's  finding  on  the  facts. 

Affimed. 


PUBLIC   SCHOOL  QUESTION. 


iiome  interesting  questions  and  answers  about  the 
16th  section  fund. 


SUPT.  TURNER  S  CLEAR    EXPOSITION    OF    THE  MATTER THE 

FUND     BELONGS    ABSOLUTELY    TO  THE  TOWNSHIPS. 


Editor  Advertiser :  When  Congress  gave  to  Alabama 
for  school  purposes  the  sixteenth  section  of  each  town- 
ship, was  the  donation  so  fixed  that  the  State  must  for- 
ever pay  to  each  township  where  the  schools  are  taught 
the  money  belonging  to  each  and  every  township,  or 
could  the  legislature,  if  it  chose  to  do  so,  amend  the 
school  laws  and  pay  it  out  on  what  seems  to  me  a  simpler 
and  more  equitable  plan? 

Congress,  in  making  the  donation  of  every  sixteenth 
section  throughout  the  State,  proceeded  on  the  hypoth- 
esis that  every  section  donated  was  of  equal  value,  but 
such  was  not  the  case.  In  what  is  known  as  the  black 
belt  as  a  rule  the  sixteenth  section  sold  for  large  sums  of 
money,  while  on  the  other  hand  sixteenths  in  the  sandy 
lands  were  sold  for  ver}^  small  amounts,  and  by  this  dis- 
parity the  object  Congress  had  in  view  in  giving  the 
land  was  defeated,  viz  :  to  better  enable  the  poor  man  to 
send  his  children  to  school.  Instead  of  assisting  the 
poor  man,  as  designed  by  Congress,  the  largest  part  of 
the  money  for  public  schools  was  paid  to  the  townships 
whose  sixteenths  sold  for  the  most  money. 


174 

If  I  understand  the  matter  the  State  is  paying  interest 
on  this  fund  and  each  township  draws  interest  in  pro- 
portion to  the  amount  of  money  for  which  the  land  was 
sold,  and  this  is  why  a  township  in  a  rich  land  county 
may  draw  $200  while  one  in  a  poor  land  county  may  not 
draw  over  $50,  and  it  often  occurs  that  there  are  three 
or  four  times  as  many  children  in  the  poor  land  town- 
ship as  there  are  in  the  more  favored  one. 

No  fair  minded  man,  it  seems  to  me,  could  raise  any 
objection  to  a  plan  that  would  give  every  child  who  at- 
tended school  the  same  length  of  time  the  same  amount 
of  the  school  fund  ;  but  under  the  present  arrangement 
this  can  never  be  done,  until  a  change  is  made  in  the 
State's  free  school  law. 

If  it  be  possible  to  throw  the  sixteenth  section  fund 
into  one  solid  lump  throughout  the  entire  State  and  then 
add  the  general  appropriation  made  by  the  legislature 
every  two  years  to  this  amount  and  divide  the  money  by 
the  number  of  children  within  the  school  age,  then  every 
child  would  have  set  to  its  credit  the  same  amount  of 
the  school  fund.  Following  this  method,  the  intent  of 
Congress  would  in  part  be  carried  out. 

I  would  be  pleased  to  hear  Hon.  John  0.  Turner  on 
this  subject,  as  the  matter  by  previous  agreement  is  to 
be  introduced  at  the  next  Montgomery  County  School 
Institute,  which  is  to  meet  at  Ramer  first  Saturday  in 
August  next.  J.  E,.  McLendon. 

Naftel,  Ala.,  July  2d,  1895. 


Office  Superintendent  Education, 

Montgomery,  Ala.,  July  11th,  1895. 
Editor  Advertiser :     The  communication  of  Hon.  J.  R. 
McLendon,  of  Naftel,  Ala.,  addressed  to  The  Advertiser 
for  publication,  making  inquiry  relative  to  the  16th  sec- 


175 

tion  grant  by  the  Congress  of  the  United  States  for  the 
use  of  schools  in  the  townships,  is  now  before  me,  for 
reply,  and  I  ask  that  you  publish  my  letter  in  the  same 
issue  with  his,  as  the  matter  may  prove  of  interest  ta 
those  not  informed  upon  this  subject.  By  reference  to  the 
Acts  of  Congress,  approved  March  2d,  1819,  page  489  to 
page  492,  will  be  found  the  original  act  enabling  the  peo- 
ple of  Alabama  territory  to  form  a  constitution  and  State 
government,  and  for  the  admission  of  such  State  into  the 
Union  on  an  equal  footing  with  the  original  States. 

Among  all  the  things  set  out  in  this  act,  preparatory 
to  the  admission  of  Alabama  as  a  state  into  the  Union, 
I  find  in  section  6  the  following,  viz  :  "And  be  it  fur- 
ther enacted ,  That  the  following  propositions  be  and  the 
same  are  hereby  offered  to  the  convention  of  said  terri- 
tory of  Alabama,  when  formed,  for  their  free  acceptance 
or  rejection,  which,  if  accepted  by  the  convention,  shall 
be  obligatory  upon  the  United  States. 

First.  That  the  section  numbered  sixteen  in  every 
township,  and  when  such  section  has  been  sold,  granted, 
or  disposed  of,  other  lands  equivalent  thereto  and  most 
contiguous  to  the  same,  shall  be  granted  to  the  inhabit- 
ants of  such  townships  for  the  use  of  schools." 

After  the  ratification  of  this  Act  by  the  people  of  the 
said  territory,  the  Congress  of  the  United  States,  in  joint 
session,  passed  a  resolution,  approved  Dec.  14,  1819, 
admitting  Alabama  into  the  Union  on  an  equal  footing, 
with  the  original  States;  in  all  respects  whatever. 

By  this  Act  of  Congress'  the  sixteenth  section  or  its 
equivalent,  when  disposed  of,  became  the  inalienable 
property  of  the  inhabitants  of  the  township  for  school 
purposes  alone.  Of  course  Congress  knew  of  the 
inequality  of  value  likely  to  occur  in  the  sixteenth  sec- 
tion of  the  various  townships,  but  proceeded  upon  the 
hypothesis  thatjin  sections  of  the  State  where  the  lands 
were  most  fertile  the  population  would  be  greatest  and 


176 

to  some  extent  equality  would  be  kept  up.  Later  on  it 
was  discovered  that  in  many  townships  the  10th  section 
was,  so  to  speak,  valueless,  and  Congress  made  an  effort 
to  remedy  the  inequality  found  to  exist  in  them.  By 
reference  to  the  Acts  of  Congress  approved  Aug.  11,  1848, 
page  281,  will  be  found  an  Act  to  authorize  the  State  of 
Alabama  to  apply  certain  lands  heretofore  granted  to 
that  State  for  internal  improvements  for  the  use  of 
schools  in  the  valueless  sixteenth  sections  in  said  State. 
This  accounts  for  the  interest  known  as  interest  on  the 
valueless  sixteenth  section  fund. 

The  act  is  as  follows  : 

**Be  it  enacted  by  the  House  of  Representatives  of  the 
•United  States  of  America  iu  Congress  assembled.  That 
the  lands  granted  to  the  State  of  Alabama  for  purposes 
of  internal  improvement,  by  the  eighth  section  of  an  Act 
entitled  'An  Act  to  appropriate  the  proceeds  of  the  sale 
of  the  public  lands,  and  to  grant  pre-emption  rights," 
approved  September  4th,  1841,  may  be  and  the  same  are 
hereby  placed  at  the  disposal  of  the  Legislature  of  said 
State  at  such  price  as  said  Legislature  may  direct  to  be 
applied  for  the  use  of  schools  in  such  townships  of  said 
State  as  in  which  the  sixteenth  section  or  school  sections 
are  comparatively  valueless,  and  the  Legislature  may 
locate  said  lands  in  any  legal  subdivisions,  not  less  than 
forty  acres,  within  the  limits  of  said  State." 

Thus  Congress  sought  to  remedy  the  inequality  of  the 
sixteenth  section.  As  before  stated  this  property  be- 
longed to  the  inhabitants  of  the  township  for  the  use  of 
schools  and  originally  could  in  no  manner  be  disposed  of 
by  the  inhabitants  of  the  township.  Subsequently  the 
right  of  sale  was  conferred  upon  the  trustees  or  School 
Commissioners  by  both  Congress  and  the  State  Legisla- 
ture, with  the  restriction  that  only  the  interest  on  said 
proceeds  of  sale  could  be  used  for  schools. 

It  will  be  seen  that  Alabama  was   admitted  into  the 


177 

Union  by  the  act  of  1819,  accepting  the  grant  made  by 
Congress  of  the  16th  section,  or  its  equivalent,  to  every 
township  of  the  State,  as  a  trust  fund  for  educational 
purposes  to  forever  remain  the  inalienable  property  of 
the  inhabitants  of  the  township  and  succeeding  genera- 
tions. The  Congress  of  the  United  States  and  the  State 
Legislature  are  powerless  now  to  pass  any  laws  wresting 
from  the  inhabitants  of  the  townships  the  16tli  section 
interests  belonging  thereto.  The  Supreme  Court  has 
long  since  settled  this  question.  The  power  to  do  this 
would  violate  the  very  preface  or  preamble  of  both  the 
Federal  and  State  constitutions,  and  would  violate  the 
very  act  making  Alabama  a  legal  State  of  the  Union. 
Very  respectfully, 

John  0.  Turner, 
State  Superintendent  of  Education. 

12 


178 
ALABAMA. 

LIST  OFCOUNTY  AND  CITY  SUPERINTENDENTS  OF  EDUCATION, 
REVISED  OCTOBER,  1895. 


County. 


Autauga  . 
Baldwin  . 
Barbour  . 
Bibb  .... 
Blount.  .  . 
Bullock  . 
Butler  .  . . 
Calhoun  . 
Chambers 
Cherokee 
Chilton  .  . 
Choctaw  . 
Clarke    . . 

Clay 

Cleburne .  . 
Coffee  .  .  .  , 
Colbert  .  .  . 
Conecuh  .  . 
Coosa  .  .  .  . 
Covington 
Crenshaw 
Cullman  .  . 

I>ale  

Dallas  . . . . 
DeKalb  .. 
Blmore  .  .  . 
Escambia  . 
Etowah  .  . 
Fayette  .  . 
Franklin    . 


Superintendent. 


Wm.    W.  Hinton 

D.  C.   Byrne 

B.   Davie 

J.  C.  Hicks 

J.  C.   Brittain 

Dr.  P.  Blue 

J.  E.  Ward 

L.  D.   Miller 

W.  C.  Bledsoe 

J.W.   Coker 

J.  W.  Moore 

0.  L.    Gray 

Clayton   Foscue 

Frank  J.  Ingram j Ashland. 

J.  R.  Barker lEdwardsville. 


POSTOFFICE . 


Billingslea. 
Bay  Minette. 
Clayton. 
Randolph . 
Summit. 
Union  Springs 
Greenville. 
Jacksonville. 
LaFayette . 
Gaylesville. 
Strasburg. 
Butler. 
Grove  Hill. 


W.  S.  Edwards  . 

E.  B.  Autry 

E.  J.   Hardy 

B.  C.  Hammond 
J.  T.  Hardage.  .  . 
Wm.  Brunson.  .  .  . 
J.  A.  Callahan. .  . 
L.  M.  Edwards.  .  . 
J.  M.   Anderson.  . 

J.  W.  Stewart 

T.  F.  Davis 

W.  S.  Neal 

W.T.  Gav 

J.  N.  Collins 

H.  J.  Williams... 


Geneva W.  J.   Ward.  . 

Greene I  John  G.  Apsey . 

Hale I  J.  A.  Ellerbe.'. 


Enterprise. 

Tuscumbia, 

Bellville. 

Gold  Branch. 

Rose  Hill. 

Luverne. 

Cullman.  [Mill 

Crittenden's 

Satford  Stat'n. 

Portersville. 

Spigner. 

Brewton. 

Gadsden. 

Fayette. 

Russellville . 

Watford. 

Eutaw. 

Greensboro. 


179 


UST  OF  COUNTY  AND   CITY    SUPERINTENDENTS— Continued. 


County. 


Superintendent. 


POSTOFFICK . 


Henry 

Jackson  . . . 
Jefferson  .  . 
Lamar  .... 
Lauderdale . 
Lawrence  .  . 

Lee 

Limestone  . 
Lowndes  .  . 
Macon  .... 
Madison  .  .  . 


Marengo    .  .  . 

Marion 

Marshall    . .  . 

Mobile 

Monroe 

Montgomery 
Morgan    .  .  .  . 

Perry 

Pickens    .  . .  . 

Pike 

Randolph  .  .  . 

Russell 

Shelby 

St.  Clair.... 

Sumter 

Talladega  .  .  . 
Tallapoosa  .  . 
Tuskaloosa    . 

Walker 

Washington 

Wilcox 

Winston  .  . .  . 


T.  J.  Kennedy Abbeville. 

W.  S.    Bridges Scottsboro. 

I.  W.    McAdory Birmingham. 

L.  M.    Wimberly Vernon. 

A.  D.  Ray Florence. 

0.  H.  Bynum Courtland. 

John  C .  Meadors Opelika. 

S .  M .   Clay Greenbrier. 

W.  T.  Brightman.  '. Hayneville. 

A.  B.  Paine Tuskegee. 

M.  R.  Murray Huntsville. 

W.  K.  Thomas Rembert. 

W.  A.   Dunn Hamilton. 

W.  W.  Kidd Guntcrsville. 

Jno.  D.  Yorby Mobile, 

C.  W.  McClure Kempsville. 

W.  C.  Holt Montgomery. 

J.  C.   Tidwell 'Flint. 

J.  D.   Cross Marion. 

C.  A.  Chappelle jDillburgh. 

Fletcher  F.   Cowart iTroy. 

Geo.  0.  Hill jNapoleon. 

J.  C.  Williamson 'Uchee. 

T.  A.  Huston Wilson  villa. 

N.  B.  Spradley lAshville. 

R.  B.   Calloway Livingston. 

J.  B.  Graham Talladegia. 

W.  R.  Grimes Dadeville. 

Mark  Brooks.; Tuskaloosa. 

Thomas  J.    Amis Jasper. 

T.  C.   Bowling St.  Stephen. 

S.  C.  Jenkins Camden. 

Albert  L.   Owens. 'Haley ville. 


180 


LIST  OF  COUNTY  AND    CITY    SUPERINTENDENTS COIltinued. 


NAMES   OF    SUPERINTEND 'tS 

DISTRICTS. 

OR  TREASURERS. 

POSTOFFICE. 

Wetumpka    .  . 

Morris  Hohenberg,  Treas. 

Wetumpka. 

Alabama   Citv 

William  Gardner,        " 

Gadsden. 

Attalla 

J.H.Wood, 

Attalla. 

Bessemer  .... 

W.  R.  Henderson,      " 

Bessemer. 

Birmingham  . 

J.  H.  Phillips,  Supt 

Birmingham. 

Bridgeport  .  .  . 

E.  L.  Lee,  School  Com'r.  . 

Bridgeport. 

Calera    

A.  S.  Briston,  Treas 

Calera. 

County  Line .  . 

L.M.Keller,       ''      

Cullman. 

Cullman 

H.C.  Bounds,     ''      

Cullman. 

Decatur 

H.  A.  Skeggs,  Supt 

Decatur. 

Duck  Creek .  . 

I.  C.  Oaks,  Treas 

Cullman. 

Eufaula 

H.  M.Weeden,  Supt 

Eufaula, 

Faundsdale  .  . 

W.C.Harris,      "     

Faundsdale. 

Florence 

W.C.Gilbert,     "      

Florence. 

Gadsden 

Joe  Callaway,      "     

Gadsden. 

Good  Hope .  .  . 

W.  E.   Grisnet,  Treas 

Cullman. 

Greenville  . .  . 

L.  M.  Lane,           "      .  .  .  . 

Greenville. 

Huntsville  . .  . 

S.J.  Malien,  Supt 

Huntsville. 

Jones  Chapel. 

F.  W.  Jones,  Treas 

Jones  Chapel. 

LaFayette  .  .  . 

E.  M.  Oliver,     ''      

LaFayette. 

Montgomery  . 

C.  L.  Floyd,    Supt 

Montgomery 

Opelika    

Geo.  E.  Driver,  Treas.  .  .  . 

Opelika. 

Phoenix  City. 

W.  L.  Booth,         "      .... 

Phoenix  City. 

Pleas'nt  Grove 

J.  J.  Fassett,         "      

Kirby  Creek. 

Prattville  .... 

J.  W.  Matthews,  "      

Prattville. 

Selma *.  . 

L.  E,  Jefferies,  Supt 

Selma. 

Sheffield 

Thos.  R.  Roulhac,  Supt.  . 

Sheffield. 

Troy  . 

Josiah  Jernigan,  Treas.  .  . 

Troy. 

Tuskaloosa   .  . 

W.E.Bingham,     "      ... 

Tuskaloosa. 

Tuscumbia    .  . 

G.  Lurderman,        " 

Tuscumbia. 

Uniontown.  .  . 

J.  H.  White,  Supt 

Uniontown. 

Pratt  City 

M.  M.  Wood,  Treas 

Pratt  City. 

Russellville  .  . 

H.  C.  Hicks,      *'      

Russellville. 

181 


COMPARATIVE  VIEW  OP  THE    POPULATION    OF    THE    SEVERAL 

COUNTIES  OF  ALABAMA,  ACCORDING    TO  THE  CENSUS  OF 

1880    AND    THE    CENSUS  OF  1890. 


Popu  lat'n 

IPopulat'n 

Increase 

COUNTY. 

COUNTY   SEAT 

i 

1 

in  1880. 

m  1890. 

iper  cent. 

Autauga  , . . 

Prattville  .  .  . 

13,108 

13,330 

1.69 

Baldwin  . .  . 

Daphne 

.  8,603 

8,941 

3.93 

Barbour  . .  . 

Clayton 

33,979 

34,898 

2.70 

Bibb 

Centre ville  .  . 

9,487 

13,824 

45.72 

Blonnt 

Oneonta  .  .  .  . 

15,369 

21,927 

42.67 

Bullock 

Union  Spr'gs 

29,066 

27,063 

6.89* 

Butler 

Greenville  .  . 

19,649 

21,641 

10.14 

Calhoun  .  .  . 

.Jacksonville  . 

19,591 

33,835 

72.71 

Chambers    . 

LaFayette   .  . 

23,440 

26,319 

12.28 

Cherokee  .  . 

Centre    

19,108 

20,459 

7.07 

Chilton 

Clanton 

10,793 

14,549 

34.80 

Choctaw  . .  . 

Butler 

15,731 

17,526 

11.41 

Clarke    .... 

Grove  Hill.. 

17,806 

22,624 

27.06 

Clay 

Ashland  .  .  .  . 

12,938 

15,765 

21.85 

Cleburne .  . . 

Edwards  ville 

10,976 

13,218 

20.43 

Coffee 

Elba 

8,119 

12,170 

49.90 

Colbert 

Tuscumbia    . 

16,153 

20,189 

24.99 

Conecuh  .  .  . 

Evergreen  .  . 

12.605 

14,594 

15.78 

Coosa  

Rock  ford  .  .  . 

15,113 

15,906 

5.25 

Covington  . 

Andalusia   .  . 

5,639 

7,536 

33.64 

Crenshaw    . 

Rutledge.  .  .  . 

11,726 

15,425 

31.55 

Cullman  .  .  . 

Cullman  .  .  .  . 

6,355 

13,439 

111.47 

Dale  

Ozark  

12,677 

17,225 

35.88 

Dallas 

Selma 

48,433 

49,350 

1.89 

DeKalb    .  .  . 

Fort  Payne .  . 

12,675 

21,106 

66.52 

Elmore  .... 

Wetumpka    . 

17,502 

21,732 

24.17 

Escambia  .  . 

Brewton  .  .  .  . 

5,719 

8,666 

51.53 

Etowah .... 

Gadsden  .... 

15,398 

21,926 

42.40 

Fayette  .... 

Fayette 

10,135 

12,823 

26.52 

Franklin .  .  . 

Belgreen    .  .  . 

9,155 

10,681 

16.67 

Geneva  .... 

Geneva  . . .  . . 
orward    

4,342 

10,690 

146.20 

Carried  f 

471,390 

579,277 

♦Decrease. 


182 


! 

Populat  'n 

Populat  'n 

lucre  ase 

COUNTY. 

COUNTY    SEAT 

in  1880. 

in  1890. 

per  cent. 

Brought  forward   

471,390 

579,277 

Greene  .... 

Eutaw 

21,931 

22,007 

0.35 

Hale 

Greensboro .  . 

26,553 

27,501 

35.70 

Heary    .... 

Abbeville  .  .  . 

18,761 

24,847 

32.44 

Jackson. . . . 

Scottsboro  .  . 

25,114 

28,026 

11.60 

Jefferson    .  . 

Birmingham 

23,272 

88,501 

280.29 

Lamar    .... 

Vernon  

12,142 

14,187 

16.84 

Lauderdale . 

Florence  .  .  .  . 

21,035 

23,739 

12.85 

Lawrence  .  . 

Moulton  .  .  .  . 

21,392 

20,725 

3.12* 

Lee 

Opelika    .  .  .  . 

27,262 

28,694 

5.25 

Limestone  . 

Athens  

21,600 

21,201 

1.85* 

Lowndes    .  . 

Hayneville    . 

31,176 

31,550 

1.20 

Macon    .... 

Tuskegee  .  .  . 

17,371 

18,439 

6.15 

Madison  .  . . 

Huntsville  .  . 

37,625 

38,119 

1.31 

Marengo    .  . 

Linden  

30,890 

33,09.-) 

7.14 

Marion  .... 

Hamilton  .  .  . 

9,364 

11,347 

21.18 

Marshall.  .  . 

Guntersville . 

14,585 

18,935 

29.83 

Mobile 

Mobile 

48,653 

51,587 

6.03 

Monroe  .... 

Monroeville  . 

17,091 

18,990 

11.11 

Montgom'ry 

Montgomery 

52,356 

56,172 

7.29 

Morgan    .  .  . 

Somerville  .  . 

16,428 

24,089 

46.63 

Perry 

Marion  .... 

30,741 

29,332 

4.58* 

Pickens    .  .  . 

Carrollton   .  . 

21,479 

22,470 

4.61 

Pike 

Troy 

20,640 

24,423 

18.33 

Randolph  .  . 

Wedowee  .  .  . 

16,575 

17,219 

3.89 

Russell  .... 

Seale 

24,837 

24,093 

3;oo* 

St.  Clair... 

Ashville  .  . . 

14,462 

17,353 

19.99 

Shelby 

Columbiana 

17,236 

20,886 

21.18 

Sumter  .... 

Livingston  .  . 

28,728 

29.574 

2.94 

Talladega    . 

Talladega    .  . 

23,360 

29,346 

25.63 

Tallapoosa  . 

Dadeville  .  .  . 

23,401 

25,460 

8.80 

Tuscaloosa  . 

Tuscaloosa  .  . 

24,957 

30,352 

21.62 

Walker  .... 

Jasper    

9,479 

16,078 

69.62 

Washingt'n 

St.  Stephens 

4,538 

7,935 

74.86 

Wilcox  .... 

Camden  .  .  . 

31,828 

30,816 

3.18* 

Winsron  .  .  . 

DoubleSpr'gs 
he    State. .  .  . 

i          4,253 

6,552 

54.96 

Total  for  t 

1,262,505 

1,513,017 

19.84 

*De 

screase. 

183 

Cities  and  Towns  in  Alabama  having  a  Population  of 
over  1,000,  according  to  the  Census  of  1890. 


Names. 


Counties  in  which  located 


Mobile Mobile 

lUrmingliam Jefferson  .  .  . 

Montgomery Montgomery 

Anniston   Calhoun.  .  .  . 

Huntsville Madison .  .  .  . 

Selma Dallas 

Florence 'Lauderdale  . 

Bessemer 'Jefferson  .  .  . 

Eufaula Barbour    .  .  . 

Tuscaloosa iTuscaloosa  . 

Opelika   iLee    

Phoenix  City jLee    

New  Decatur iMorgan  . . .  . 

Troy 'Pike 

Gadsden Etowah  ,  . .  . 


Greenville Butler  . 

Decatur Morgan 

Sheffield Colbert. 

Fort  Payne DoKalb 

Tuscumbia    Colbert. 


Talladega    .  .  .  . 
Union  Springs, 

Marion 

Pratt  Mines . . , 
Demopolis  ... 

Tuskegee 

Evergreen   . .  .  . 
Greensboro   .  . . 

Avondale 

Woodlawn  . .  . , 

Oxford   

Auburn    , 

Tallassee 

LaFayette  . .  . 

Attalla 

Jacksonville    , 


Talladega 
Bullock  . . 
Perry  .... 
Jefferson  . 
Marengo  . 
Macon  .  .  . 
Conecuh . . 
Hale  .... 
Jefferson  . 
Jefferson  . 
Calhoun.  . 

Lee    

Elmore  .  . 
Chambers 
Etowah  . . 
Calhoun . . 


Poj)ulation. 

31,076 
26,178 
21,883 
9,998 
7,995 
7,622 
6,012 
4,544 
4,3^3 
4,215 
3,703 
3,700 
3,565 
3,4^ 
2,901 
2,806 
2,765 
2,731 
2,6^ 
2,491 
2,063 
2,049 
1,982 
1,946 
1,896 
1,803 
1,783 
1,759 
1,642 
1,506 
1,473 
1,440 
1,413 
1,369 
1,254 
1,237 


184 

Cities  and  Towns  in  Alabama  having  a  Population  of  over 
1,000,  accorging  to  the  Census  of  1890 — Cont'd. 


Names. 

Ozark 

Eutaw   

Brewton  .... 
Cullman  .... 
Gainesville    . 


Counties  in  which  located. 

Dale 

Greene    

Escambia 

Cullman 

Sumter 


Population . 

1,195 
1,125 
1,115 
1,017 
1,017 


CIRCULAR  LETTER. 


State  of  Albama, 

Office  of  Educational  Department, 
Montgomery,  Ala.,  February  26th,  1895. 

To  County  Superintendents  and  Teachers ,  Greeting  : — I 
adopt  this  method  of  answering  many  questions  pro- 
pounded to  this  Department  during  the  past  few  months 
relative  to  the  making  of  pay  rolls,  and  the  duties  of  all 
connected  therewith ,  and  the  delay  of  funds,  etc. 

By  reference  to  the  public  school  laws  of  the  State,  page 
32,  under  act  passed  by  the  General  A.ssembly  1886-7, 
approved  February  28,  1887,  and  amended  and  approved 
February  18,  1889,  will  be  found  the  law  governing  the 
making  and  forwarding  pay  rolls  to  this  department  and 
the  duties  of  this  department  pertaining  thereto.  While 
the  form  of  making  the  pay  roll  has  to  some  extent  been 
■changed,  the  law  governing  it  is  substantially  the  same. 
At  first  the  county  superintendent  was  required  to  make 
white  and  colored  pay  rolls  on  separate  sheets,  now  they 
are  made  all  on  the  same  sheets  designating  the  races 
by  the  letters  W.  and  C,  These  initial  letters  should  be 
placed  immediately  after  the  teachers  name  just  before 
column  headed  sex.  Formerly  the  law  required  the 
teachers  names  to  be  placed  on  the  pay  roll  in  alphabeti- 
cal order,  but  now  it  requires  them  to  be  placed  in  num- 
erical order  of  the  townships  as  they  appear  on  the  divi- 
dend sheet — beginninj:  with  the  lowest  and  runnintr  to 
the  highest — leaving  the  separate  school  districts  to  the 
last.  County  superintendents  must  therefore  observe 
this  order  in  making  their  pay  rolls,  and  when  they  have 


386 

placed  all  teachers  of  both  white  and  colored  on  the  pay 
roll;  who  have  contracts  on  file  showing  that  they  are 
teaching  public  schools  as  required — in  the  first  town- 
ship— they  should  leave  at  least  two  blank  lines  before 
beginning  the  next  township,  and  so  on  until  all  have 
been  placed  on  the  pay  roll — being  careful  to  leave  at 
least  two  blank  lines  for  footing  at  the  bottom  of  each 
sheet  of  the  pay  roll.  When  all  the  teachers  of  the 
county  have  in  this  manner  been  placed  on  the  pay  roll 
there  should  be  set  opposite  their  names  in  the  columns 
headed  : — "Estimated  Amount  Due  Teachers" — the  ex- 
act amount  that  will  be  due  each  of  them  according  to 
the  terms  of  their  contracts  on  file  and  approved — from 
the  beginning  of  the  quarter  to  the  close  including  the 
last  day  of  the  quarter,  or  pay  day.  If  from  any  cause 
a  teacher  should  fail  to  file  his  contract,  for  the  first, 
second,  or  third  quarters,  the  whole  amount  can  be  esti- 
mated and  drawn  the  last  quarter.  When  the  county 
superintendent  is  making  his  estimate  for  amounts  due 
teachers,  he  must  say  how  much  is  general  fund,  and 
how  much  is  poll  tax,  and  white  or  colored.  When  this 
is  properly  done  the  county  superintendent  must  foot  up 
each  sheet  of  his  pay  roll  separately,  and  bring  the 
amounts  forward  on  the  last  sheet  under  the  head  of  re^ 
capitulation  being  careful  to  allow  plenty  of  space  after 
this  manner  : — 

RECAPITULATION. 

Amount  forward  sheet   No.   1 $     SOO  00 

Amount  forward  sheet   No.   2 $  1000  00 

Amount  forward  sheet  No.  3 $  1200  00 

Amount  forward  sheet  No.  4 $     800  00 

Total  amount  due  teachers $  3900  00 

Co.  Superintendent's  Com.  4%  added.  .$     150  00 

Total  amount  due $  4056  00 


187 

for  quarter  ending  March  3l9t,  1895,  and  to  be  sent  to 
John  Smith,  per  express  to  Troy  Ala.  Just  here  it  is 
highly  important  that  each  time  it  is  necessary  that  the 
county  superintendent  give  at  the  close  of  his  pay  roll 
both  his  express  office  and  post  office  address.  In  the 
three  offices  through  which  the  pay  roll  must  pass — 
Superintendent's,  Auditor's  and  Treasurer's — frequently 
new  clerks  are  called  upon  to  act,  and  all  this  gives 
guarantee  against  mistakes  and  unnecessary  delay  in 
forwarding  the  money. 

Many  teachers  complain  of  having  been  left  off  of  the 
pay  roll  during  the  past  and  previous  quarters,. and  from 
their  own  statements  show  the  fault  w^is  purely  their  own. 
By  reference  to  the  la\y  it  will  be  seen  that  on  the  15th 
days  of  Mirch,  June,  Septemb3r  and  Decomber  of  each 
year  the  law  req'iires  the  county  superintendent  to  make 
his  pay  roll  in  tlie  manner  set  forth  in  the  foregoing  and 
forward  the  same  to  the  state  superintendent.  The  law 
further  requires  that  this  pay  roll  shall  be  made  in  dupli- 
cate, and  the  original  shall  be  forward  to  the  state  super- 
intendent of  education,  and  the  duplicate  retatned  by 
the  connyc  superintendent,  and  when  properly  signed 
by  teachers  becomes  his  voucher  for  his  office. 

In  making  this  pay  roll  the  county  superintendent  has 
no  right  to  place  any  teacher's  name  on  it  unless  he  has 
a  contract  on  file  and  approved  by  him  showing  that  the 
teacher  is  actually  engaged  in  teaching,  and  according 
to  the  terms  of  that  contract  the  superintendent  must 
estimate  the  amount  that  will  be  due  the  teacher  to  the 
close  of  the  quarter  or  pay  day — provided  no  time  be 
lost  to  the  time  of  payment. 

When  the  county  superintendent  has  thus  carefuly 
made  his  pay  roll  as  prescribed  by  law,  he  mus^.  append 
thereto  an  affidavit  before  proper  officer  that  the  same 
is  correct  amounts  due  teachers  for  the  said  quarter  ac- 
cording to  contract  on  file.     This  means  that  the  county 


188 

superintendent  has  taken  the  contracts  on  file  in  his  office 
approved  by  himself — on  the  15th  of  the  month  preceding 
pay  day  and  has  carefully  estimated  as  per  the  terms  of 
the  contract  the  exact  amount  that  will  be  due  the  teach- 
ers, provided  no  time  be  lost,  to  the  close  of  the  quarter 
or  pay  day.  As  the  county  superintendent  is  required 
to  make  a  sworn  statement,  you  will  readily  see  he  can- 
not afford  to  place  any  teacher^s  name  on  the  pay  roll 
who  has  not  a  contract  on  file  and  approved  at  the  time 
of  making  this  pay  roll.  If  the  teacher  has  his  contract 
on  file  and  approved  by  the.  county  superintendent  as 
required  by  law,  then  he  would  have  a  remedy  against 
the  county  superintendent  in  case  the  county  superinten- 
dent should  neglect  or  fail  to  make  proper  estimates  and 
pay  him  as  required  and  prescribed  by  law.  New  coun. 
ty  superintendents  and  teachers  seem  to  charge  all  delays 
of  funds  to  this  department.  They  seem  not  to  know 
or  forget  the  fact  that  the  pay  roll  passes  through  the 
office  of  Superintendent  of  Education,  Auditor,  and 
Treasurer,  before  it  is  returned  to  the  county  superin- 
intendent  with  the  money.  If  an  error  is  detected  by 
either  of  these  departments  then  the  pay  roll  must  be 
returned  to  the  county  superintendent  making  it,  for 
correction,  before  the  money  can  be  forwarded.  So 
this  is  a  frequent  source  of  delay  on  part  of  county  super- 
intendents not   receiving  their   money  on  time. 

When  the  county  superintendent  has  made  his  pay 
roll  and  has  forwarded  same  to  this  office,  it  becomes  the 
duty  of  this  department  to  examine  the  same,  and  if 
found  correct  as  far  as  this  office  can  determine  it  shall 
be  approved  by  the  state  superintendent  either  in  person 
or  by  proxy  for  a  certain  amount  not  to  exceed  the 
artiount  estimated  on  the  payroll,  and  when  so  approved 
filed  with  the  auditor  of  the  state.  Here  the  duty  of 
the  state  superintendent,  relative  to  the  pay  roll,  ceases 
until  the  pay  roll  is  returned  by  the  county  superinten- 
dent, properly  receipted. 


189 

When  the  Auditor  receives  the  pay  roll  from  the  office 
of  State  Superintendent,  properly  approved  for  a  certain 
amount  including  the  4.%  commission  due  the  county 
superintendent  it  becomes  his  duty  to  immediately  draw 
a  warrant  on  the  state  treasurer  in  favor  of  the  county 
superintendent  sending  the  pay  roll  with  4  %  thereon  for 
an  amount  equal  to  the  amount  estimated  to  be  due  and 
approved  for  by  the  state  superintendent,  and  shall  file 
said  warrant,  together  with  the  pay  roll  upon  which  it  is 
based,  with  the  state  treasurer,  whereupon  it  shall  be 
the  duty  of  the  state  treasurer  to  forward  by  express  or 
exchange,  at  the  expense  of  the  State  the  amount  of  such 
warrant  and  pay  roll  together  with  duplicate  receipts 
for  said  sum,  including  the  express  charges  or  exchange 
premium  if  any.  County  superintendents  will  remem- 
ber when  sending  in  their  pay  rolls  that  this  department 
examines  them  immediately  and  if  found  correct  ap- 
proves them  and  turns  over  same  to  the  Auditor,  and 
gives  notice  to  the  couaty  superintendent  accordingly  ; 
otherwise  the  pay  roll  is  returned  for  correction.  Then 
it  will  be  well  to  remember  that  any  delay  in  receiving 
your  money  promptly  after  the  notice  sent  you  from  this 
office  that  your  pay  roll  has  been  approved  and  filed  with 
the  Auditor,  is  in  no  way  chargable  to  this  office  and  all 
inquiries  relative  to  your  pay  roll  will  go  unoticed  so  far 
as  this  department  is  concerned  after  said  notice^is 
furnished. 

The  county  superintendent  of  education  must  immedi- 
ately upon  receipt  of  said  sum  of  money  sent  him  as 
called  for  on  his  quarterly  pay  roll,  sign  the  duplicate 
receipts  sent  him  by  the  State  Treasurer  with  the 
money — and  return  one  of  these  receipts  to  the  State 
Treasurer  and  the  other  to  the  State  Auditor  that  they 
may  have  proper  vouchers  required  by  law.  All  county 
and  city  superintendents  who  fail  to  comply  strictly  witli 


190 

this  provision  of  the  law  can  expect  the  enforcement  of 
section  (11)  page  33  of  the  school  law. 

Immediately  upon  the  receipt  by  the  county  superin- 
tendent of  the  amount  of  the  quarterly  or  monthly  pay 
roll,  he  shall  pay  the  teachers,  taking  their  receipt  there- 
for on  both  copies  of  said  pay  rolls,  and  must,  by  the  15th 
of  the  month  following  pay  day,  return  the  original  ap- 
proved copy  of  said  receipted  pay  roll  to  the  State  Super- 
intendent of  Education.  In  the  foregoing  I  have  given 
how  the  estimates  are  made  and  how  they  should  be 
designated — General  Fund;  Poll  Tax,  White,  Colored. 
These  are  the  only  figures,  to  be  placed  on  the  pay  roll 
until  the  teacher  presents  his  quarterly  report,  sworn  to 
and  containing  the  order  thereon  from  the  trustee,  stating 
exactly  how  many  days  he  lias  taught  during  the  quarter. 
If  his  contract  was  properly  made  and  no  time  has  been 
lost  by  him  and  the  county ^superintendt^nt  1ms  not  erred  in 
his  estimat(3,  then  the  estimated  aujountdue  by  the  county 
superintendent,  and  the  order  from  the  trustee,  should 
agree.  In  this  case,  the  county  superintendent  should 
take  his  pen  and  carefully  place  the  amounts  estimated^due 
the  teacher  in  the  columns  headed  amount  paid  teachers, 
being  careful  not  to  ovi-rgo  these  amounts  in  any  case, 
and  in  no  case  to  pay  a  teacher  more  than  has  been  esti- 
mated to  be  due.  So  much  confusion  already  exists  in 
this  office,  brought  from  this  source,  that  in  the  future  if 
county  superintendents  disregard  the  instructions  herein 
given  they  will  not  be  allowed  credit  on  the  books  of  this 
office  for  overpayments  made  in  excess  of  their  estimated 
amounts  due.  They  can  pay  any  less  amount  of  whatever 
fund  estimated,  but  in  no  case  a  greater  amount  from 
any  fund  than  that  estimated  on  the  pay  roll. 

Many  county  superintendents  have  orders  from  teach- 
ers to  forward  their  money  by  express  or  mail,  and  often 
give  authority  to  someone  to  sign  the  pay  roll .  When  the 
county  superintendent  is    satisfied  with   this   authority, 


191 

the  teacher's  name  must  be  written  on  the  pay  roll  op- 
posite the  amounts  estimated  to  be  due  him,  and  also 
the  amounts  set  opposite  his  name  by  the  superinten- 
dent on  the  same  line,  when  the  report  is  presented.  No 
effort  should  be  made  to  sign  the  teacher's  name  by  some 
one  else.  There  is  no  room  on  the  pay-roll  for  two  sig- 
natures, and  the  attempt  to  sign  in  this  manner  often 
renders  both  unintelligible.  Many  county  superinten- 
dents will  return  pay  rolls  to  this  office  all  properly  si^ed 
up  by  teachers  but  not  a  single  figure  passed  over  from 
the  columns  under  head  "amounts  due  teachers,"  to  the 
columns  under  head  "amounts paid  teachers."  In  order 
that  the  receipts  be  legal  the  figures  must  be  in  these 
columns  when  the  teacher  signs,  either  by  himself  or  by 
proxy. 

Again ,  many  county  superintendents  will  return  pay 
rolls  with  the  figures  passed  over  into  columns  under 
head  "amount  paid  teachers,"  and  no  teachers'  names 
signed  ;  and  in  footing  up  they  include  these  amounts  as 
amounts  paid  teachers,  still  no  names  signed.  Such 
loose  and  negligent  manner  as  this  on  part  of  county 
superintendents  keeps  the  entire  clerical  force  of  this 
office  on  the  inquiry  throughout  the  entire  year  to  know 
what  county  superintendents  claim  as  credits.  Again, 
some  superintendents  will  even  do  worse  than  this. 
Often  when  they  have  amounts  left  over  from  any  quar- 
ter they  will  pay  it  out  to  some  teacher  after  the  pay 
roll  is  returned,  and  take  a  receipt  on  a  separate  piece 
of  paper  and  forward  to  this  office  expecting  credit  for 
it.  The  law  provides  for  no  receipt  except  that  taken 
under  oath  on  the  pay  roll  under  all  the  requirements 
set  forth  in  the  foregoing,  and  this  department,  in  the 
future,  will  not  recognize  any  receipt  or  payments  made 
teachers  contrary  to  the  instructions  herein  given. 

If  from  any  cause,  not  the  fault  of  the  county  super- 
intendent, the  money  is  delayed,  and  does  not  reach  him 


192 

in  time  for  the  regular  pay  day,  then,  in  that  event,  the 
county  supeintendent  will  be  allowed  his  regular  number 
of  days  in  which  to  pay  teachers.  County  superintend- 
ents should  remember  that  the  legal  time  for  making 
pay  rolls  is  as  follows  :  On  15th  day  of  March,  June, 
September  and  December,  of  each  year;  and  the  first 
Saturday  of  January,  April,  July  and  October,  are  the 
legal  pay  days  ;  and  on  the  15th  of  the  last  named  months 
is  the  time  for  returning  the  pay  rolls — January  15th  ^ 
April  15th,  July  15th  and  October  15th. 

The  foregoing  is  the  general  law  relative  to  counties 
in  which  quarterly  payments  are  required.  In  all  those 
counties  in  the  State,  or  separate  school  districts,  where- 
in the  teachers  are  required  by  law  to  be  paid  monthly, 
the  same  is  true  of  all  connected  therewith  except  that 
the  pay  rolls  must  be  made  on  the  20th  of  each  month 
instead  of  the  15th,  as  in  case  of  the  quarterly  pay  rolls. 

There  are  four  quarters  in  the  year.  The  first  quar- 
ter begins  Oct.  Ist  and  ends  Dec.  31st.  The  second 
quarter  begins  January  1st  and  ends  March  31st.  The 
third  quarter  begins  April  1st  and  ends  June  30th.  The 
fourth  quarter  begins  July  1st  and  ends  September  30th, 
of  each  year.  In  making  quarterly  pay  rolls  they  must 
be  made  to  conform  to  these  dates.  In  case  of  monthly 
paj^  rolls,  they  must  always  be  made  on  the  20th  of  the 
month  and  ending  with  the  calendar  for  that  month, 
28th,  29th,  30th  or  31st,  as  the  case  may  be.  In  my  first 
circular  to  county  superintendents,  December  15th,  1894, 
I  made  use  of  the  following  language  :  "As  the  chief 
executive  officer  of  the  educational  affairs  of  the  State,  I 
shall  know  no  man,  but  I  shall  with  due  courtesy  strive 
to  discharge  the  duties  of  the  office  with  impartiality, 
and,  as  far  as  possible,  according  to  law.  I  also  stated 
that  a  multiplicity  of  information  has  been  asked  for  at 
my  hands  that  should  be  given  by  county  superintend- 
ents.    I  respectfully  urged  that  county  superintendents 


193 

thoroughly  acquaint  themselves  with  their  duties  as  set 
forth  in  the  Public  School  Laws,  and  also   the   duties  of 
township  trustees  and  teachers,  that  they  might  be   pre- 
pared to  give  such   information  as   properly  belongs   ta 
their  departments.     I  pledged  myself  to  furnish  all   pro- 
per information,  when  called  for,  to  county  superintend- 
ents, but  it  would   be   wholly  impracticable  to   furnish 
such  information  separately  by  letter  to  the  teachers  and 
trustees   of   the   State."     Owing   to  the  meeting  of  the 
General  Assembly  at  the  beginning  of  my  term  of  office, 
and  the  vast  amount  of  unfinished  business   which   ha& 
unjustly  been  allowed  to  accumulate  in  this  office,  and 
the  very  unsystematic  manner  of   conducting   the    busi- 
ness affairs  found  in  this  department,  together  with  sick- 
ness of  both  myself  and   family  since  my  induction  into 
office,   have  prevented  me  thus  far  from  giving   much 
information  pertaining  to  the  true  status  of   our   educa- 
tional affairs.     In  the  first  place,  the  supply  of  laws  has 
been  exhausted,  none  having  been   printed  since  1891. 
I  thought  it  unwise  to   have  more  printed  until  the   ad- 
journment of  the  legislature.     At  the  very  earliest  date 
possible  the  laws  will  be  codified  to  date,  and  a  sufficient 
number  of  copies  printed  to  supply  the  demand. 
•    I  have  had  hundreds  of  calls  for  copies  of  our  school  law, 
but  until  the  new  edition  can  be  printed  it  is  useless   for 
teachers,  trustees  or  superintendents  to  write   for  copies , 
of  the  law.     So  very  many  irregularities  exist  in  the  pay 
rolls  and  payment  of  teachers  of  last  year,  and  the  work 
of  auditing,  so  far  behind,  that  it  is  now  difficult  to  state 
definitely   when  county    superintendents   can   look  for 
balance  from  last  year.     Therefore    I    advise  all   county 
superintendents   who   have   not   already  received  their 
balances  not  to  make  estimates  on  their  pay  rolls  looking 
to  these  amounts.     Many  county   superintendents  have 
kept  their  accounts  in   such  unsystematic  manner  that 

13 


194 

now  they  do  not  understand  what  they  have  done  them- 
selves, much  less  explain  to  others,  and  write  to  this 
office  for  copies  of  their  pay  rolls  and  a  list  of  their 
vouchers,  etc.  This  department  is  not  required  to  keep 
the  books  of  the  county  superintendents  nor  to  furnish 
duplicates  of  pay  rolls.  The  law  provided  for  this  in 
the  beginning,  and  all  county  superintendents  who  failed 
to  heed  the  instructions  given  must  take  the  conse- 
quences. 

It  is  the  bounden  duty  of  all  those  outgoing  county 
superintendents  to  fully  adjust  all  matters  pertaining  to 
their  administrations  before  turning  over  to  their  suc- 
cessors, and  a  failure  to  do  this  does  not  in  any  manner 
release  them  from  their  obligation  to  the  State,  simply 
because  they  have  turned  over  matters  to  their  suc- 
cessors. 

All  county  superintendents  who  are  charged  with  over- 
payments, as  furnished  by  statements  from  this  office, 
would  do  well  to  make  up  this  deficit  at  once  and  save 
further  trouble. 

IJ'he  townships  of  the  State  are  as  separate  in  their 
rights  of  property  as  the  individual  citizens,  and  no 
overpayment  from  one  township  can  be  made  up  by 
taking  the  funds  of  another ;  neither  can  contracts  of 
last  year  be  paid  out  of  the  funds  of  this  year.  No  school 
can  be  legally  taught  a  part  in  last  year  and  a  part  in 
this,  but,  if  a  contract  had  been  given  out  and  a  school 
taught  last  year,  and  there  still  rem^iins  sufficient  funds 
of  last  year  to  the  credit  of  the  township  to  pay  the  con- 
tr?ictj  or  any  part  of  it,  the  same  can  be  estimated  and 
drawn  this  year. 

If  county  superintendents  will  take  the  law  and  care- 
fully read  the  acts  tpuching  the  making  of  the  pay  roll, 
they  will  see  that  section  (11) ,  on  page  33  of  the  pay  roll 
la^v,  fixes  heavy  penalties  for  a  failure  to  comply  strictly 
with  all  its  provisions.     Hence,    traking   into  considera. 


196 

tion  these  facts,  and  feeling  a  deep  interest  in  the  well- 
fare  of  all  school  officers,  as  to  their  protection  and  suc- 
cess, I  have  carefully  prepared  this  circular,  which,  if 
carefully  observed  by  those  connected  therewith,  will 
protect  all  concerned,  and,  so  to  speak,  eliminate  much 
friction  from  the  educational  affairs  of  the  State.  There- 
fore this  circular  has  been  issued,  no*  in  a  domineering 
or  dictatorial  spirit,  but  purely  in  a  spirit  of  kindness 
for  all  concerned,  and  in  the  discharge  of  a  sworn  official 
duty  to  the  people  of  the  State. 

While  I  have  had  very  much  to  say  concerning  the  in- 
efficient manner  in  which  some  county  superintendents 
have  managed  the  affairs  of  their  offices,  I  would  not 
make  the  impression  for  one  moment  that  we  have  no 
competent  and  efficient  county  superintendents  and 
school  officers — far  from  it. 

Many  county  superintendents  make  pay  rolls  that  are 
all  that  could  be  asked,  and  approach  as  near  perfection 
as  human  efforts  can  attain  ;  to  this  class  this  circular  is 
a  waste  of  time  and  labor.  To  this  class  this  circular 
carries  with  it  no  rebuke,  but  rather  compliments  by 
saying  all  its  requirements  have  been  met  from  the  be- 
ginning. Therefore,  those  who  have  had  their  pay  rolls 
frequently  returned  for  correction  will  readily  see  to 
whom  this  circular  is  addressed,  and  in  the  future  must 
make  their  pay  rolls  conform  to  the  instructions  herein 
given  before  they  will  be  allowed  to  pass  this  office. 

Very  truly, 

John.  0.  Turner. 
State  Supt.  Ed. 


FDR/ftS  FDR  TEflDHEES  PD  OFFICERS. 


FDRMS. 


[No.  1.] 

CERTIFICATE  OF  APPOINTMENT  OF  TOWNSHIP 
TRUSTEE  OF  PUBLIC  SCHOOLS. 

The  State  of  Alabama  ) 
County.  ) 

189.. 

2'y Greeting: 

This  certifies  that  you,  tlie  said was,  on  the day 

of ,  appointed  to  the  office  of  township 

of  public  schools  for  township ,  range (or  district.  ■  •  '^.  •) 

and  are,  by  virtue  tliereof,  fully  authorized  and  empowered  to  dfa- 
char^e  all  the  duties  of  said  office,'  and  to  exercise  all  the  powers 
thereto  belonging,  according  to  law. 

Witness  my  hand,  this  day  of A.  D.  189. . 


Co.  Supt.  Ed'n 


[No.  2.] 

NOTE  GIVEN  BY  PURCHASER  OF  SCHOOL  LANDS. 

$ 

year  after  date,  we  or  either  of  us,  promise  to  pay  to  the 

State  of  Alabama,  for  the  use  of  township ,  range ,   in 

county,  the  sum  of dollars,  with   interest  from 

date  at  eight  per  cent,  per  annum,  for  the  purchase  of 

(specify  legal  subdivisions) of  section  sixteen  of  said 

township. 

Witness  our  hands  and  seals,  this  ....  day  of A.  D.  18. . 

[Seal.] 

[Seal.] 

[Seal.] 

Approved  this  

iay  of 189. 


Townghip  Trustees  Public  Sehools. 


200 

[No.  3.] 
CERTIFICATE  OF  PURCHASE  OF  SCHOOL  LANDS. 
The  State  of  Alabama, 

County. 

A.  D.  189.. 

The  undersigned,  Township  Trustees  of  public  schools  in  and  for 
township ,  range ,  in  said  county,  hereby  cer- 
tify that  on  the A.  D.  189. . ,  they  proceeded  to 

sell  at  public  outcry  (all  the  preliminary  requisites  of  the  law  in  refer- 
ence to  such  sale)  having  been  complied  with  (Lot  No ,  being 

the the  northeast  quarter  of  northwest  quarter  of)  section 

sixteen,  in  said  township,  containing acres,  and  at  said  sale 

being  the  highest  bidder,  became  the  pur- 
chaser of  said  tract,  and  for  the   sum  of dollars,  for 

which  he  gave  his  several  notes,  each  for dollai'S 

with  interest  from  date  of  said  sale,  with  

and as  his  sureties. 


Township  Trustees  Public  Schools. 


201 

[No.  4.] 
REPORT  OF  SALE  OF  SCHOOL  LANDS. 

To 

Superintendent  of  Education  for  the  State  of  Alabama. 

The  undersigned,  Township  Trustees  of  public  schools  in  and  for 

township ,  range county,  Alabama, 

respectfully  represent  and  report  that  on  the day  of 

189. .,  they  proceeded  to  sell  at  public  outcry  (all  the  preliminary 
requisites  of  the  law  in  reference  to  such  sale  having  been  complied 

with)  Lot  No. being  their (the  northeast  quarter  of 

northwest  quarter  of,  as  the  case  may  be)  section   sixteen,  in  said 

township,  containing acres ;   that  at  said  sale 

being  the  highest  bidder,  became  the  pur- 
chaser of  said  tract,   at  and  for  the  sum  of dollars 

<said  sum  being  at  or  above  the  minimum  price  fixed  on   said  tract) 

for  which  he  gave  his several  notes,  each  for  

dollars,  with  interest  from  date  of  sale  at  eight  per  cent,  per  annum, 

with and 

as  his  sureties.    That  said  paid  in  cash  the  sum  of 

dollars.     The  undersigned  retain  the  sum 

of . .  .• dollars  from  such  cash  payment  to  defray  the  ex- 
penses of  the  survey  and  sale  of  said  lands,  and  the  balance,  to-wit : 

dollars,  together  with  said  notes  above  described, 

is  herewith  enclosed. 

All  of  which  is  respectfully  submitted. 

This day  of 189. . 


Township  Trustees  Public  Schools. 


202 

[No.  5.] 

BOND  TO  BE  GIVEN   BY   TOWNSHIP  TRUSTEES   AB0UT~TO 

SELL  OR  LEASE  SCHOOL  LANDS. 

The  State  op  Alabama,  ) 

>     Know  all  men  by  these  presents. 
County.   ) 


That  we are  held  and  firmly 

bound  unto  the  State  of  Alabama  in  the  sum  of dollars, 

for  the  payment  of  which  well  and  truly  to  be  ma^e,  we  bind  our- 
selves and  each  of  us,  our  and  each  of  our  heirs,  executors  and  ad- 
ministrators, jointly  and  severally,  firmly  by  these  presents.     Sealed 

with  our  seals,  and  dated  this day  of 

A.  D. 189.. 
The  condition  of  the  above   obligation   is   such  that  whereas,   the 

above  bound were,  on  the day  of 

189..,   appointed  Township  Trustees   of    public  schools,  in  and  for 

township range. in  said  county  ;  and  whereas,   the  said 

as  such  township  trustees  of  public 

schools,  are  about  to  sell  (or  lease)  school  lands  of  said  township. 

Now  if  the  said as  such  township  trustees 

of  public  schools,  shall  discharge  their  duty  faithfully,  so  long  as  they 
may  continue  in  office,  or  continue  to  discharge  any  of  such  duties, 
then  this  obligation  to  be  void — otherwise  to  remain  in  full  force. 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

Taken  and  approved  this day  of A.  D.  189. . 


Co.  Sup't  Education. 


203 

[No.  6,] 
LEASE  OF  SCHOOL  LANDS. 
TiiK  State  op  Alabama, 

County. 

This  agreement,  made  this day  of A.  D.  189. . 

between and 

township  trustees  of  public  schobls  in  and  for  township 

range ,  in   said  county,  and witnesseth, 

that  in  consideration  of dollars,  to  be  paid  by  said 

to  the  township  trustees  of  public  schools  for 

said  township,  on  the day  of A.   D.  189.  ., 

and  each  year  thereafter  during    the  continuance  of  the  lease,  for 

which  the  said  has  given  his  several  promissory  notes 

payable  as  aforesaid,  and  bearing  even  date  with  this  instrument,  the 
said  township  trustees  have  granted,  demised,  leased,  and  to  farm  let, 

unto  the  said his  representatives  and  assigns,  section 

sixteen  (or  southeast  quarter  of  southwest  quarter  of  section  sixteen, 
as  the  case  may  be),  in  said  township,  in   said  county  and  State;  to 

have  and  to  hold  unto  the  said his  representatives  and 

assigns,  for  the  term  of (not  exceeding  five)  years,  from 

the.... day  of 189..     The  said   

agrees  to  deliver  up  the  premises  aforesaid  with  the  appurtenances,- 
on  the  last  day  of  the  term,  or  othre  earlier,  termination  of  the  estate 
hereby  granted,  to  the  said  township  trustees  or  their  successors  in 
oflBce.  In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands  and  seals  the  day  and  year  above  written. 
Attest : 

[Seal.] 

*  [Sbal.] 

[Skal.] 

[Sbal.] 

Township  Trustees. 


204 

INo.  7.] 

ENUMEKATION  REPORT  OF  TOWNSHIP OF 

PUBLIC   SCHOOLS. 

To 

County  Superintendent  of  Education  of County. 

The  undersigned,  township of  township ,  range 

in county,  hereby  certifies  that  he  has  made 

a  careful  enumeration  of  the  children  between  the  ages  of  seven  and 
twenty-one  years  in  said  township,  and  finds  the  same  to  be  as  fol- 
lows: 

Whites  :  Males ;    Females ;    Total 

Colored  :  Males ;    Females ;....;    Total 

Sworn  to  and  subscribed  before  me, 

this day  of 189. 


Township 

[Note. — To  be  made  ,  (in  duplicate)  during  the  month  of  August, 
1891,  and  every  two  years  thereafter,  one  copy  to  be  forwarded  to  the 
County  Superintendent  of  Education  by  the  first  day  of  September 
following,  the  other  carefully  preserved  by  the  township  trustees. 


205 


[No.  8.] 

Grade. 

TEACHER'S  LICENSE. 
The  State  of  Alabama,  )         Granted  and  issued day  of 

County.     J         189.. 

This  certifies  that has  been  duly 

examined  according  to  law  by  the  Examining  Board  of  said  county ,^ 
and  upon  said  examination  attained  the  grade  set  opposite  each  sub- 
ject upon  which  examined,  as  follows,  to-wit: 


Names  of  Branches  of  Examination. 


Grade  in    Each. 


Orthography 

Reading 

Penmanship 

Arithmetic 

Geography 

History 

English  Grammar. 

Algebra 

Physiology  and  Hygiene 

Natural  Philosophy 

Geometry 

Theory  and  Practice  of  Teaching 


Total  average  grade. 


And  the  said having  answered  in 

writing  correctly per  cent,   of  the  written   questions  pro- 
pounded, and  being  found  to  be  of  good  moral  character,  a 

Grade  license  authorizing  the  holder  to  teach  in   the  public    schools 

of  said  county  for year  from  date  of  issuance,  subject'  to 

cancellation  as  provided  by  law,  is  hereby  granted  and  issuedj  by 
order  of  the  Board,  this  the day  of 189. . 


President. 


Secretary. 


206 
[No.  9.] 

SCHOOL  CONTRACT— (in  duplicate). 

The  State  of  Alabama,         ) 

County.  ) 

This  agreement,  made  this day  of A.  D.  189. .  between 

teacher  and 

township of  public  schools  in  and  for  township 

range (or  other  school  district),  in  said  county — Witnesseth : 

that  the  said agrees  to   teach  a  public  school 

for  the race in  said  township,  for  the 

term  of scholastic  months,  beginning  on  the day  of 

A.  D.  189.  .     The  said 

further  engages  to  exert  the  utmost  of  his  ability  in  conducting  said 
school  and  improving  the  education  and  morals  of  the  pupils ;  to  keep 

such  register  and  make  such  reports  to  the  township 

and  county  superintendent  of  education  as  may  be  required  of  him, 
and  in  all  respects  to  conform  to  the  requirements  of  law..  In  con- 
sideration of  these  services  properly  rendered,  the  said  township 
of  public  schools,  agreeing  that  the  county  super- 
intendent of  education  of  said  county  shall  pay  the  said 

dollars  per  month  from  the  school  fund  apportioned  to  said  district 
for  the  scholastic  year  ending  September  30,  189.  .  The  payments  to 
be  made  quarterly  as  prescribed  by  law ;  Provided,  however.  That 
there  shall  be  in  said  schools  a  daily  attendance  of  not  less  than  ten 
nor  more  than  fifty  pupils  within  the  educational  age. 


Approved  this 

day  of 189.. 


Teacher. 
ToAvnship Public  Schools. 

County  Sup't  Education. 


207 
[No.  10.] 

CONTRACT  FOR  TRANSFERRED  PUPILS. 

The  State  of  Alabama, 

CorsTY. 

This  agreement,  made  this day  of A.  D.  189. . 

between teacher  and 

Township  Trustees  of  Public  Schools  in  and  for  township 

range (or  other  school  district)  in  said  county — 

Witnesseth :    That  whereas,  the  said has 

agreed  to  teach  a grade  public  school  for  the 

race in  township range 

for  the  term  of  scholastic  months,  beginning 

on  the day  of 189.  .     The  said 

having  further  agi-eed  to  exert  the 

utmost  of  his  ability  in  conducting  said  school,  and  improving  the 
education  and  morals  of  the  pupils ;  to  keep  such  register  and  make 
such  reports  to  the  township  trustees  and  county  superintendent  of 
education  as  may  be  required  of  him  ;  and  in  all  respects  to  conform 
to  the  requirements  of  law.  In  consideration  of  these  services  prop- 
erly rendered,  the  said  township   trustees  of  public  schools  of  said 

township range. . .        ,  agrees  that  the  county  superintendent 

of  education  of  said  county  shall  pay  the  said 

for  transfers dollars  per  month  from  the  school 

fund  apportioned  to  said  race  in  said  township  or  district,  for  the 
scholastic  year  ending  September  30th,  189..,  the  payments  to  be 
made  quarterly  as  prescribed  by  law ;  Provided,  hovjever.  that  there 
^hall  be  in  said  school  a  daily  attendance  of  not  less  than  ten  nor 
more  than  fifty  pupils  within  the  educational  age. 

Teacher. 

Township 

Approved day  of 189. . 

County  Sup't  of  Education, 


[No.  11. J 
Teacher's  Register  (White  or  Colored)  Public  School  No . . .  ,[T . . . ,  R . 


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3 

w 

Geography  . . . 

.§ 

H 

Writing   

OS 

Reading 

'^ 

Orthography  . 

1 

A     • 
"**     ! 

3 

Av'rage  age  of  pupils 

Average     daily     at- 
tendance   

b 

°  No.  absent  less  than 

1 

.B 

^ 

^ 

C 

a 

ten  days 

*3  x3 

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g 

)  No.  who  only  attend- 

J3 

j      ten  days  or  less.. . 

00 

at 

o 

so      • 

A 

s  • 

.a    : 

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O 

'  Whole  No.  enrolled, 
includ'g  transfers . 

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o 

r 

Bft 

Ol 

a 

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1 

• 

Males  . 
Female! 
Total  .. 

'i 

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o 

o 

14 


[209] 


o 


o3 


o 
O 


O!    r, 


C 


Remarks  

Number  of    teachers' 
during  the  year.  . 


institutes    held 


Number    of  visits    by    township    trus- 
tees   


tK 


O  tt_i   O  C 
fe    <U    O    «    r- 


Salary  pro  rated   per   capita 
to  the  township 


Commissions  paid    Co.  Sup't 
from  the  township 


Amount  paid   teachers   from 
the  township 


!B    5^  D    S^ 

g  O  C  =i3Q 

•r;  +s  r-,  M    5 

^  S3  J  2i  +^ 

•t:  ej  C  C  ° 


g^JAmount  poll  tax  reported  for 


the  township. 


Balance  to  credit  of  township 
at  close  of  present  year.  . 


Balance  due  the  township  at 
close  of  previous  year.  .  . 


Range . 


Township. 


Am't  paid  by  Co.  Sup't  of  Education  to 
teaclier  from  township  opposite  his  name. 


Monthly  pay  of  teachers. 


Number  of  days  taught. 


K  •< 

°  V-  « 

H  O  >-  ^ 

^  ^  i2  >~< 

fa  2;  <i 

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o  g-^  a 


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fq 


C05- 


Third  Grade . 


Second  Grade. 


First  Grade. 


U.  S.   History 


Grammar 


Arithmetic 


Physiology  and  Hygiene. 


Geography . 


Writing. 


Reading. 


Pupils  in  Orthography. 


Daily  Average. 


No.  absent  less  than  10  days. 


No.  attending  10  days  or  less. 


No.  pupils  enrolled.  . 

Range 

Township 

f2ior 


i 

i 


o 

o 


o 
525 


o 


-2 


-3 
u 
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B 

O 


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[2111 


[No.  15.]    - 
CoTTNTT  Superintendent's    Ledger   Account    with  the  School  Fund  of 

ins  County. 

A.  B  ,  County  Superintendent  of  Education   of County. 

DR.  CR. 

18....  18....  • 


Dec 


To  amt.  on  war- 
rants : 
1st  quarter. 
2nd 
3rd 
4th 


Jan. 


By  receipts  on  pay 
roll: 

1st  quarter. 
Byam't  to  Teachers 
Commissions 

Salary 

2nd  quarter. 
By  am't  to  Teachers 
Commissions. 

Salary 

3d  quarter. 
By  am't  to  Teachers 
Commissions. . 

Salary . . 

4th  quarter. 
By  am't  to  Teachers 
Commissions.. 
Salary 


By  balance  in  hand . 


[212] 


s 

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55 


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P 
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[214] 


INDEX. 


8K0.      PAGB. 

Attorney-General — opinions  of 156  et  seq. 

Agricultural    and     Mechanical     College. — Const. 

Art.  XIII,  §§  9,  10 4 

Anniston,  local  school  laws 136  et  seq. 

Appeal  to  Supt.  from  action  of  township  trustee. .  971  23 

A  ()propriation  for  public  schools 943  8 

Apportionment  of  school  funds j  ,q-.q  ®  ^^^  .-, 

Auditor,  duty  of  as  to  pay  roll 1012  37 

Agricultural  Experiment  Stations — 

Canebrake 139 

Abbeville  and  Athens 140 

Evergreen 142 

Albertville.   145 

Five   additional 146 

Appendix — Constitution  of  Alabama — 


Birmingham  local  school  laws. 94  et  seq. 

Board,  Educational — how  constituted.  989  30 

Board,  meetings 990  30 

Boai"d,  examination  of  applicants  ....  991  30 

Board,  must  keep  register  of  licenses.  992  81 


216 
C 


SEC.  PAGE. 

Circular  by  Supt.   Turner 173 

Canebrake  Agr.  Exp.  Station ,  139 

Constitution,  sections  relative  to  public  schools. .  3 

Commissioners  audit  accounts  of  county    Supts. .  962  18 
County  Superintendents — 

List  of 178-9 

How  appointed 954  14 

Term  of  office 955  14 

Oath  of  office  and  bond. 956-7-8  15 

Compensation 959  15 

Duties 960  16-17-18 

Reports  of 961-2-3  18and  1 

Vacancies,  how  filled 964  19 

Duty  of,  as  to  pay  rolls  1012  37-8-9 

Certificates  of  teachers,  now  long  valid 985  28 

Criminal  provisions  of  Code  relating  to  schoolfunds  164 

Congressional  Institutes 12 

Constitution  of  Alabama.    Appendij 


D 


SEO.  PAGE. 

Decatur,  local  school  laws 117 

Districts,   school 999  32 

District  superintendents,  list  of. ... ' 180 

Dogs,    registration  of 944  7 

Examination    of  teachers 984  27 

Enumeration  of    children 979  25 

Eufaula,  local    school  law 107  et  sec 

Evergreen  Ag.  Exp.  Station 142 

Embezzlement  by  County  Superintendents 164 

Educational  Boards    98s*  30 

et  seq. 


Florence  Normal  School 

Florence  local  school  laws  . . . . 
Forms  for  Touchers  and  Officers . 


217 
G 


8E0.  PAGE. 

Gadsden  local  school  laws 130  et  seq. 

H 

Huntsville  Normal  School  (col.) 84  et  seq. 

Iluntsville  local  school  laws 105  et  seq. 

Hygiene  taught 28-9 

I 

Institutes,  Teachers 995  et  seq.  31-2 

Institutes,  Congressional 12 

Industrial  School  for  White  Girls 58-9  et  seq. 

J 

Jacksonville  Normal  School 68  et  seq. 


Lands,  bonds  required  when  sold  or  leased 980  25 

Income    from  Reported 981  26 

Opinions  bearing  on 156 

Location  of    Schools 973  24 

Licenses,  Register  of,  kept 992  31 

Cancellation  of 993  31 

Livingston  Normal  School 71  et  seq 

List  of  County  Superintendents 178-9 

District  Superintendents 180 

I 

M 

Mobile,  Public  Schools — 

Const.  Provisions,  Art.  XIII 6 

local  laws 90  et  seq 

Montgomery  Normal,  colored  80  et  seq 

ii  local   school  laws 99  et  seq 


218 
N 


SEC.      PAGE. 


71 
75 

SO 
84 


Normal  Schools — 

Industrial  School  for  white  girls. 

Florence 

Jacksonville 

Livingston 

Troy 

Montgomery ,  colored 

Huntsville,  colored   

Tuskegee , 

o 

Opelika,  local  school  law. . •; 

Overpayments  to  Teachers — 

Opinion  on 

Officers,  forms  for 


P 

Public  Schools — 

appropriations 943  6 

pupils  entitled  to  instruction  in 1000  33 

see  also .968  22 

scholastic  periods 1001  33 

examinations  and  certificates 1002  33 

Parents  and  guardians,  meet  with  trustees,  pro- 
ceedings    968  21 

Pay  rolls 1012  37 

circular  concerning,  by  Supt.  Turner.  185 

Poll  tax. 1010  39 

how  collected  and  disposed  of 1011  39 

opinion  on  by  attorney  general 156 

Physiology  taught 28-^> 

Punishment,  right  to  inflict  on  pupil 166 

Population,  comparative  statement  by  counties. .  181-2 

cities  and  towns,  over  1,000 183-4 

R 

Register  of  daily  attendance  kept 978  25 

986  29 

of  licenses  to  teachers  kept 992  31 

Races,  separate  schools  for 1003  33 


219 
S 


BEC.  PAOB. 


Selma  local  school  laws 101  et  seq. 

Sixteenth  Section  Fund,  Const.,  Art.  XIII. 4 

circular  concerning,  by  Supt.  Turner.  173 

Separate  schools  for  two  races 1003  33 

Superintendent  of  Education — 

how   appointed 4 

term  of  oflHce  and  salary 946  8 

clerks  and  their  salaries 949  9 

duties  enumerated 950  9  et  seq. 

report  to  be  printed  and  distributed. .  952  13 

vacancies,  how  filled 953  14 

duty  of  as  to  pay  roll  1012  38 

School  Funds — 

how  apportioned  and  disbursed 1004  34  et  seq. 

local  school  money,  how  apportioned.  1016  41  et  seq. 

circular  concerning,  by  Supt.  Turner.  185  et  seq. 

School  Lands — 

what  are 1023  43 

lease  of  1025  44  et  seq. 

sale  of 1033  45  et  seq. 

Separate  School  Districts — 

when  created 150  et  seq. 

Supreme  Court,  opinion  on  punishment  of  pupil. .  165  et  seq. 


Teachers — 

certificate  of  qualification 983  27 

examination  of  984  27 

employment  of 974-6        24 

how  paid 988  29 

removal  of 977  25 

must  keep  record  of  daily  attendance.  978,  986  25,  29 
forms  for 199  et  seq. 

Township  trustees- 
how  appointed 966  20 

duties  of 967  et  seq  20-26 

must  enumerate  children 979  25 

opinion  concerning,  by  Att'y  General.  162 

Teachers  Institutes — 

how  organized 995  31 

officers  and  members 996  31 

meetings  of 997  32 

purposes 998  32 


220 


SEC.      PAGE. 


Townships,  incorporation  of 1024  43 

Troy  Normal  Scliool 75  et  seq. 

Troy  local  school  laws 113  et  seq. 

Tuskegee  Normal  School  (colored) 86  et  seq. 

Tuskaloosa  local  school  laws 109  et  seq. 

Tuscumbia  local  school  laws 125  et  seq. 

Timber  sales,  opinion  on 156  et  seq. 

Turner,  Supt.,  circular  by. 173 

Turner,  Supt. ,  circular  by 135 

V 

Visiting  schools 976           25 


CONSTITUTION 

OF  THE 

STATE  OF  ALABAMA, 


CONSTITUTION 


STATE  DF  ALABAMA. 


PREAMBLE. 


We,  the  people  of  the  State  of  Alabama,  in  order  to  establish  jus- 
tice, insure  domestic  tranquility,  provide  for  the  common  defense, 
promote  the  general  welfare  and  secure  to  ourselves  and  to  our  pos- 
terity, life,  liberty,  and  property,  profoundly  grateful  to  Almighty 
God  for  this  inestimable  right  and  invoking  His  favor  and  guidance, 
do  ordain  and  establish  the  following  Constitution  and  form  of  gov- 
ernment for  the  State  of  Alabama : 

ARTICLE  I. 

DECLARATION    OP    RIGHTS. 

That  the  great,  general  and  essential  principles  of  liberty  and  frite 
government  may  be  recognized  and  established,  we  declare 

1.  That  all  men  are  equally  free  and  independent ;  that  they  are 
endowed  by  their  Creator  with  certain  inalienable  rights  ;  that  among 
these  are  life,  liberty  and  the  pursuit  of  happiness. 

2.  That  all  persons  resident  in  this  State,  born  in  the  United  States, 
or  naturalized,  or  who  shall  have  legally  declared  their  intention  to 
become  citizens  of  the  United  States,  are  hereby  declared  citizens  of 
the  State  of  Alabama,  possessing  equal  civil  and  political  rights. 

3.  That  all  political  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  instituted  for  tlueir 
benefit ;  and  that,  therefore,  they  have  at  all  times  an  inalienable  and. 
indefeasible  right  to  change  their  form  of  government,  in  such  man- 
ner as  they  may  deem  expedient. 

4.  That  no  religion  shall  be  established  by  law ;  that  no  preference 
shall  be  given  by  law  to  any  religious  sect,  society,  denomination,  or 
mode  of  worship ;  that  no  one  shall  be  compelled  by  law  to  attend  any 
place  of  worship,  nor  to  pay  any  tithes,  taxes  or  other  rate  for  the 
building  or  repairing  any  place  of  worship,  or  for  maintaining  any 
minister  or  ministry ;  that  no  religious  test  shall  be  required  asm. 
bualification  to  any  office  or  public  trust,  under  this  State  ;  and  that 


the  civil  rights,  privileges  and  capacities  of  any  citizens  shall  not  be 
in  any  manner  afifected  by  his  religious  principles. 

5.  That  any  citizen  may  speak,  write  and  publish  his  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  that  liberty. 

6.  That  the  people  shall  be  secure  in  their  persons,  homes,  papers, 
and  possessions,  from  unreasonable  seizures  or  searches,  and  that  no 
warrant  shall  issue  to  search  any  place,  or  t®  seize  any  person  or  thing 
without  probable  cause,  supported  by  oath  or  affirmation, 

7.  That  in  all  criminal  prosecutions,  the  accused  has  a  right  to  be 
heard  by  himself  and  counsel,  or  either ;  to  demand  the  nature  and 
cause  of  the  accusation  ;  to  have  a  copy  thereof;  to  be  confronted  by 
the  witnesses  against  iiim  ;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor ;  and  in  all  prosecutions  by  indictment  a  speedy 
public  trial,  by  an  impartial  jury  of  the  county  or  district  in  which 
the  offense  was  committed  ;  and  that  he  shall  not  be  compelled  to  give 
evidence  against  himself,  nor  be  deprived  of  life,  liberty  or  property, 
biit  by  due  process  of  law. 

,  8.  That  no  person  shall  be  accused,  or  arrested,  or  detained,  except 
in  cases  ascertained  by  law,  and  accoi'ding  to  the  forms  which  the 
same  has  prescribed  ;  and  no  person  shall  be  punished  but  by  virtue 
of  a  law  established  and  promulgated  prior  to  the  ofifense,  and  legally 
applied, 

9.  That  no  person  shall,  for  any  indictable  offense,  be  proceeded 
against  criminally,  by  information ;  except  in  cases  arising  in  the 
militia  and  volunteer  forces  when  in  actual  service,  or,  by  leave  of 
thecourt,  for  misfeasance,  misdemeanor,  extortion  and  oppression  in 
office,  otherwise  than  is  provided  in  this  Constitution ;  Provided,  That 
in  case  of  petit  larceny,  assault,  assault  and  battery,  affray,  unlawful 
assemblies,  vagrancy,  and  other  misdemeanors,  the  General  Assembly 
may,  by  law,  dispense  with  a  grand  jury,  and  authorize  such  prosecu- 
tions and  proceedings  before  justices  of  the  peace,  or  such  other  infe- 
ribr  courts  as  may  be  by  law  established. 

10.  Tliat  no  person  shall,  for  the  same  offense,  be  twice  put  in  jeop- 
ardy of  life  or  limb, 

11.  That  no  person  shall  be  barred  from  prosecuting  or  defending, 
before  any  tribunal  in  this  State,  by  himself  or  counsel,  any  civil 
Cause  to  which  he  is  a  party. 

12.  That  the  right  of  trial  by  jury  shall  remain  inviolate, 

13.  That  in  prosecutions  for  the  publication  of  papers  investigating 
the  official  conduct  of  officers  or  men  in  public  capacity,  or  when  the 
matter  published  is  proper  for  public  information,  the  truth  thereof 
may  be  given  in  evidence;  and  that  in  all  indictments  for  libel,  the 
jury  shall  have  the  right  to  determine  the  law  and  the  facts,  under 
the  direction  of  the  court. 

14.  That  all  courts  shall  be  open;  and  that  every  person,  for  any 
injury  done  him,  in  his  lands,  goods,  person  or  reputation,  shall  have 


a  remedy  by  due  process  of  law ;  and  right  and  justice  sh§.ll  be  odniint 
istered  without  sale,  denial,  or  delay. 

15.  That  the  State  of  Alabama  shall  never  be  made  a  defendant  in 
any  court  of  law  or  equity. 

16.  That  excessive  fines  shall  not  be  imposed,  nor  cruel  or  unusual 
punishments  inflicted. 

17.  That  all  persons  shall,  before  conviction,  be  bailable  by  sure- 
ties, except  for  capital  offenses,  when  the  proof  is  evident,  or  the  pre- 
sumption great ;  and  that  excessive  bail  shall  not,  in  any  case,  be  re- 
quired. 

18.  That  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended by  the  authorities  of  this  State. 

19.  That  treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  adhering  to  its  eneniies,  giving  them  aid  and  comfor^;; 
and  that  no  person  shall  be  convicted  of  treason,  except  on  the  te^- 
mony  of  two  witnesses  to  the  same  overt  act,  or  his  confession  in  opjen 
court. 

20.  That  no  person  shall  be  attainted  of  treason  by  the  Greneral 
Assembly  ;  and  that  no  conviction  shall  work  corruption  of  blood  or 
forfeiture  of  estate. 

21.  That  no  person  shall  be  imprisoned  for  debt. 

22.  That  no  power  of  suspending  laws  shall  be  exercised,  except 
by  the  General  Assembly 

23.  That  no  ex  past  facto  Inw,  or  any  law,  impairing^the  obligation 
of  contracts,  or  making  any  irrevocable  grants  of  special  privileges,  or 
immunities,  shall  be  passed  by  the  General  Assembly. 

24.  That  the  exerc;i>-e  of  the  right  of  eminent  domain  shall  nevQT 
be  abridged  nor  so  c:}n3trtic'1  as  to  prevent  the  General  Assembly 
from  taking  the  property  nud  franchises  of  incorporated  companies, 
and  subjecting  them  to  public  use  the  same  as  individuals.  But  pri-r 
vate  propertj  slmll  not  be  taken  or  applied  for  public  use,  unless  just 
compensation  be  first  made  therefor ;  nor  shall  private  property  be 
taken  for  private  use,  or  the  use  of  corporations,  other  than  munici- 
pal, without  the  consent  of  the  owner;  Pr(^i«i»'rf,  however,  that  the 
General  Assembly  may,  by  law,  secure  to  persons  or  corporations  the 
right-of-way  over  the  lands  of  other  persons  or  corporations,  and  by 
general  laws  provide  for  and  regulate  the  exercise  by  persons  and  cor- 
porations of  fJie  rights  herein  reserved,  but  just  compensation  shall 
in  all  cases  be  first  made  to  the  owner ;  and,  provided,  that  the  right 
of  eminent  domain  shall  not  be  so  construed  as  to  allow  taxation  or 
forced  subscriptions  for  the  benefit  of  railroads  or  any  otlier  kind  of 
corporations,  other  than  municipal,  or  for  the  benefit  of  any  individaal 
or  association. 

25.  That  all  navigable  waters  shall  remain  forever  public  highways, 
free  to  the  citizens  of  the  State,  and  of  the  United  States,  without  tax, 
impost  or  toll ;  and  that  no  tax,  toll,  impost  or  wlmrfage  shall  be  de- 
manded or  received  from  the  owner  of  any  nierrhHndise  or  commodity 


6 

for  the  use  of  the  shores,  or  any  wharf  erected  in  the  shores,  or  in  or 
over  the  waters  of  any  navigable  stream,  unless  the  same  be  expressly 
authorized  by  law. 

26.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to  assem- 
ble together  for  the  common  good,  and  to  apply  to  those  invested 
with  the  power  of  government  for  redress  of  grievances,  or  other  pur- 
poses by  petition,  address  or  remonstrance. 

27.  That  every  citizen  has  a  right  to  bear  arms  in  defense  of  him- 
self and  State. 

28.  That  no  standing  army  shall  be  kept  up  without  the  consent  of 
the  Greneral  Assembly,  and  in  that  case  no  appropriation  for  its  sup- 
port shall  be  made  for  a  longer  term  than  one  year ;  and  the  military 
shall,  in  all  cases  and  at  all  times,  be  in  strict  subordination  to  the 
civil  power. 

29.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war  but  in  a 
majuuer  to  be  prescribed  by  law. 

30.  That  no  title  of  nobility  or  hereditary  distinction,  privilege, 
honov  or  emolument  shall  ever  be  granted  or  conferred  in  this  State ; 
and  that  no  offlce  shall  be  created  the  appointment  to  which  shall  be 
for.  a  longer  time  than  during  good  behavior. 

31.  That  immigration  shall  be  encouraged  ;  emigration  shall  not 
be  prohibited,  and  that  no  citizen  shall  be  exiled. 

32.  That  temporary  absence  from  the  State  shall  not  cause  a  for- 
feiture of  residence  once  obtained. 

33.  That  no  form  of  slavery  shall  exist  in  this  State  ;  and  there  shall 
be  no  involuntary  servitude,  otherwise  than  for  the  punishment  of 
crime,  of  which  the  party  shall  have  been  duly  convicted. 

34.  The  right  of  suffrage  shall  be  pi'otected  by  laws  regulating  elec- 
tions, and  prohibiting,  under  adequate  penalties,  all  undue  influences 
from  power,  bribery,  tumult,  or  other  improper  conduct. 

35.  The  people  of  this  State  accept  as  final  the  established  fact^ 
that  from  the  Federal  Union  there  can  be  no  secession  of  any  State. 

36.  Foreigners  who  are  or  may  hereafter  become  bona  fide  residents 
of  this  State  shall  enjoy  the  same  rights  in  respect  to  the  possession, 
enjoyment  and  inheritance  of  property  as  native  born  citizens. 

37.  Tliat  the  sole  object  and  only  legitimate  end  of  government  is 
to  protect  the  citizen  in  the  enjoyment  of  life,  liberty  and  property, 
and  when  the  government  assumes  other  functions,  it  is  usurpation 
and  oppression. 

38.  No  educational  or  property  qualification  for  suffrage  or  offlce, 
nor  >»ny  restraint  upon  the  same  on  account  of  race,  color,  or  previous 
condition  of  servitude,  shall  be  made  by  law. 

39.  That  this  enumeration  of  certain  rights  shall  not  impair  or 
deny  others  retained  by  the  people. 


ARTICLE  II. 

8TATB  AKD  COUNTY  B0UVDAEIB8. 

1.  The  boundaries  of  this  State  are  established  and  declared  to  be 
as  follows  ;  that  is  to  say:  Beginning  at  the  point  where  the  thirty- 
first  degree  of  north  latitude  crosses  the  Perdido  River,  thence  east 
to  the  western  boundary  line  of  the  State  of  Georgia ;  thence  along 
said  line  to  the  southern  boundary  Ijne  of  the  State  of  Tennessee ; 
crossing  the  Tennessee  River,  and  on  to  the  second  intersection  of 
said  river  by  said  line ;  thence  up  said  river  to  the  mouth  of  Big  Bear 
creek  ;  thence  by  a  direct  line  to  the  northwest  corner  of  Washington 
county,  in  this  State,  as  originally  formed  ;  thence  southerly  along 
the  line  of  the  State  of  Mississippi  to  the  Gulf  of  Mexico  ;  thence  east- 
wardly,  including  ail  islands  within  six  leagues  of  the  shore,  to  the 
Perdido  River ;  thence  up  the  said  river  to  the  beginning. 

2.  The  boundaries  of  the  several  counties  of  this  State,  as  hereto- 
fore established  by  law,  are  hereby  ratified  and  confirmed.  The  Gen- 
eral Assembly  may,  by  a  vote  of  two-thirds  of  both  houses  thereof, 
arrange  and  designate  boundaries  for  the  several  counties  of  this 
State,  which  boundaries  shall  not  be  altered,  except  by  alike  vote; 
but  no  new  counties  shall  be  hereafter  formed  of  less  extent  than  six 
hundred  square  miles,  and  no  existing  county  shall  be  reduced  to  less 
extent  than  six  hundred  square  miles ;  and  no  new  county  shall  be 
formed  which  does  not  contain  a  sufficient  number  of  inhabitants  to 
entitle  it  to  one  representative,  under  the  ratio  of  representation  ex- 
isting at  the  time  of  its  formation,  and  leave  the  county  or  counties 
from  which  it  is  taken  with  the  required  number  of  inhabitants  en- 
titling such  county  or  counties  to  separate  representation. 

ARTICLE  in. 

DISTRIBUTION   OF  POWERS   OF  OOVKRNMKNT. 

1.  The  powers  of  the  government  of  the  State  of  Alabama  shall  be 
divided  into  three  distinct  departments,  each  of  which  shall  be  con- 
fided to  a  separate  body  of  magistracy,  to-wit :  Those  which  are  leg- 
islative to  one ;  those  which  are  executive  to  another ;  and  those  which 
are  judicial  to  another, 

2.  No  person,  or  collection  of  persons,  being  of  one  of  those  depart- 
ments, shall  exercise  any  power  properly  belonging  to  either  of  the 
others,  except  in  the  instances  hereinafter  expressly  directed  or  per- 
mitted. 

ARTICLE  IV. 

LEGI8LATIVB  DEPARTMHXT. 

1.  The  legislative  power  of  this  State  shall  be  vested  in  a  General 
Assembly,  which  shall  consist  of  a  Senate  and  House  of  Representa- 
tives. 


78 

2.  The  style  of  the  laws  of  this  State  shall  be :  "Be  it  enacted  by 
the  General  Assembly  of  Alabama."  Each  law  shall  contain  but  one 
subject,  which  shall  be  clearly  expressed  in  its  title,  except  general 
appropriation  bills,  general  revenue  bills,  and  bills  adopting  a  code, 
digest  or  revision  of  statutes ;  and  no  law  shall  be  revived,  amended, 
or  the  provisions  thereof  extended  or  conferred,  by  reference  to  its 
title  only  ;  but  so  much  thereof  as  is  revised,  amended,  extended  or 
conferred,  shall  be  re-enacted  and  published  at  length. 

3.  Senators  and  Representatives  shall  be  elected  by  the  qualified 
electors  on  the  first  Monday  in  August,  eighteen  hundred  and  seven- 
ty-six, and  one  half  of  the  Senators  and  all  of  the  Representatives 
shall  be  elected  every  two  years  thereafter,  unless  the  General  As"' 
sembly  shall  change  the  time  of  holding  elections.  The  terms  of  the 
office  of  the  Senators  shall  be  four  year,  and  that  of  the  Representa- 
tives two  years,  commencing  on  the  day  after  the  general  election, 
except  as  otherwise  provided  in  this  Constitution. 

4.  Senators  shall  be  at  least  twenty-seven  years  of  age,  and  Rep- 
resentatives twenty-one  years  of  age ;  they  shall  have  been  citizens 
and  inhabitants  of  this  State  for  three  years,  and  inhabitants  of  their 
respective  counties  or  districts  one  year  next  before  their  election,  if 
such  county  or  district  shall  have  been  so  long  established,  but  if  not, 
then  of  the  county  or  district  from  which  the  same  shall  have  been 
taken  ;  and  they  shall  reside  in  their  respective  counties  or  districts 
during  their  terms  of  service. 

5.  The  General  Assembly  shall  meet  biennially,  at  the  capitol,  in 
the  Senate  Chamber  and  in  the  Hall  of  the  House  of  Representatives, 
(except  in  cases  of  destruction  of  the  capitol,  or  epidemics,  when  the 
Governor  may  convene  them  at  such  place  in  the  State  as  he  may 
deem  best),  on  the  day  specified  in  this  Constitution,  or  on  such  other 
day  as  may  be  prescribed  by  law,  and  shall  not  remain  in  session 
longer  than  sixty  days  at  the  first  session  held  under  this  Constitution, 
nor  longer  than  fifty  days  at  any  subsequent  session. 

6.  The  pay  of  the  members  of  the  General  Assembly  shall  be  four 
dollars  per  day,  and  ten  cents  per  mile  in  going  to  and  returning  from 
the  seat  of  government,  to  be  computed  by  the. nearest  usual  route 
travelled. 

7.  The  General  Assembly  shall  consist  of  no^  more  than  tl^irty- 
three  Senators,  and  not  more  than  one  hundred  members  of  the- 
House  of  Representatives,  to  be  apportioned  among  the  several  dis- 
tricts and  counties  as  prescribed  in  this  Constitution. 

8.  The  Senate,  at  the  beginning  of  eacli  regular  session,  and  at 
such  other  times  as  may  be  necessary,  shall  elect  one  of  its  members 
President  thereof,  and  the  House  of  Representatives,  at  the  begin- 
ning of  each  regular  session,  shall  elect  one  of  its  members 
as  Speaker,  and  the  President  of  the  Senate  and  the  Speaker  of  the 
House  of  Representatives  shall  hold  their  offices,  respectively,  until 
their  successors  are  elected  and  qualified.    Each  House  shall  choose- 


9 

its  own  officers,  and  shall  judge  of  the  election  returns  and  qualifica- 
tions of  its  members. 

9.  At  the  general  election,  in  the  year  eighteen  hundi*ed  and  sev- 
enty-six, Senators  shall  be  elected  in  the  even-numbered  districts,  to 
serve  for  tvro  years,  and  in  the  odd-numbered  districts  to  serve  for 
four  years,  so  that  hereafter  one-half  of  the  Senators  may  be  chosen 
biennially.  Members  of  the  House  of  Representatives  shall  be  elect- 
ed at  the  general  election  every  second  year.  The  time  of  service  of 
Senators  and  Representatives  shall  begin  on  the  day  after  the  elec- 
tion, except  the  terms  of  those  elected  in  the  year  eighteen  hundred 
and  seventy-six,  which  shall  not  begin  until  the  terms  of  the  present 

_  members  shall  have  expired.  AVhenever  a  vacancy  shall  occur  in 
either  Hou.'se,  the  Governor  for  the  time  being  shall  issue  a  writ  of 
election  to  fill  such  vacancy  for  the  remainder  of  the  term. 

10.  A  majortiy  of  each  House  shall  constitute  a  quorum  to  do  busi- 
ness, but  a  smaller  number  may  adjourn,  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  each  House  may   provide. 

11.  Each  House  shall  have  power  to  determine  the  rules  of  its  pro- 
ceedings, and  to  punish  its  members,  or  other  persons,  for  contempt 
or  disorderly  behaviour  in  its  presence,  to  enforce  obedience  to  its 
process,  to  protect  its  members  against  violence,  or  offers  of  bribes 
or  corrupt  solicitation,  and  witli  the  concurrense  of  two-thirds  of 
either  House  to  expel  a  member,  but  not  a  second  time  for  the  same 
cause,  and  shall  have  all  the  powers  necessary  for  the  Legislature  of 
a  free  State. 

12.  A  member  of  either  House  expelled  for  corruption  shall  not 
thereafter  be  eligible  to  either  House,  and  punishment  for  contempt 
or  disorderly  behaviour  sliall  not  bar  an  indictment  for  the  same 
oflfense. 

13.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  cause 
the  same  to  be  published  immediately  after  its  adjournment,  except- 
ing such  parts  as,  in  its  judgment,  may  require  secrecy  ;  and  the  yeas 
and  nays  of  the  members  of  either  House  on  any  question  shall,  at 
the  desire  of  one-tenth  of  the  members  present,  be  entered  on  the 
journals.  Any  member  of  either  House  shall  have  liberty  to  dissent 
from  or  protest  against  anj'  act  or  resolution  which  he  may  think 
injurious  to  the  public  or  an  individual,  and  have  the  reasons  for  his 
dissent  entered  in  the  journals. 

14.  Members  of  the  General  Assembly  shall,  in  all  cases  except 
treason,  felony,  violation  of  their  oath  of  office  and  breach  of  the 
peace,  be  p-'ivilf^gpcl  fr')m  arrest  dirriri;:  their  attendnnce  at  the  ses- 
sions of  their  respective  Houses,  and  in  going  to  and  returning  from 
the  same  ;  and  for  any  speech  or  debate  in  either  House  they  shall 
not  be  questioned  in  any  other  place. 

15.  The  doors  of  each  House  shall  be  open,  except  on  such  occa- 
sions as,  in  the  opinion  of  the  house,  may  require  secrecy. 


10 

16.  Neither  House  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which 
they  may  be  sitting. 

17.  No  Senator  or  RepreseYitative  shall,  during  the  term  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  oiRco  of  profit 
under  this  State,  which  shall  have  been  created,  or  the  emoluments 
of  which  shall  have  been  increased  during  such  term,  except  such 
oJBHces  as  may  be  filled  by  election  by  the  people. 

18.  No  person  hereafter  convicted  of  embezzlement  of  the  public 
money,  bribery,  perjury,  or  other  infamous  crime,  shall  be  eligible 
to  the  General  Assembly,  or  capable  of  holding  any  ofiice  of  trust  or 
profit  in  this  State. 

19.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall  be  so 
altered  or  amended  on  its  passage  through  either  house  as  to  change 
its  original  purpose. 

20.  No  bill  shall  become  a  law  until  it  shall  have  been  referred  to 
a  comniittee  of  each  house  and  returned  therefrom. 

21.  Every  bill  shall  be  read  on  three  different  days  in  each  house, 
and  no  bill  shall  become  a  law  unless  on  its  final  passage  it  be  read  at 
length,  and  the  vote  betaken  by  ayes  and  nays,  the  names  of  the 
members  voting  for  and  against  the  same  be  entered  on  the  journals, 
and  a  majority  of  each  house  be  recorded  thereon  as  voting  in  its 
favor,  except  as  otherwise  provided  in  this  Constitution. 

22.  No  amendments  tobills  by  one  house  shall  be  concurred  in  by 
the  other,  except  by  a  vote  of  the  majority  thereof,  taken  by  yeas  and 
nays,  and  the  names  of  those  voting  for  and  against  recorded  upon 
the  journals  ;  and  reports  of  committees  of  conference  shall  in  like 
manner  be  adopted  in  each  house. 

23.  No  special  or  local  law  shall  be  enacted  for  the  benefit  of  indi- 
viduals or  corporations  in  cases  which  are  or  can  be  provided  for  by  a 
general  law,  or  where  the  relief  sought  can  be  given  by  any  court  of 
this  State  ;  nor  shall  the  operation  of  any  general  law  be  suspended 
by  the  General  Assembly  for  the  benefit  of  any  individual,  corpora- 
tion or  association. 

24.  No  local  or  special  law  shall  be  passed  on  a  subject  which  can 
not  be  provided  for  by  a  general  law,  unless  notice  of  the  intention  to 
apply  therefor  shall  have  been  published  in  the  locality  where  the 
matter  or  things  to  be  affected  may  be  situated,  which  notice  shall  be 
at  least  twenty  days  prior  to  the  introduction  into  the  General  Assem- 
bly of  such  bill,  and  the  evidence  of  such  notice  having  been  given, 
shall  be  exhibited  to  the  General  Assembly,  before  such  bill  shall  be 
passed  ;  Provided,  that  the  provisions  of  this  Constitution,  as  to  special 
or  local  laws,  shall  not  apply  to  public  or  educational  institutions  of 
or  in  this  State,  nor  to  industrial,  mining,  immigration  or  manufac- 
turing corporations  or  interests,  or  corporations  for  constructing 
canals,  or  improving  navigable  rivers  or  harbors  of  this  State. 


11 

25.  The  Greneral  Assembly  shall  pass  general  laws,  under  which 
local  and  private  interests  shall  be  provided  for  and  protected. 

26.  The  General  Assembly  shall  have  no  power  to  authorize  lot- 
teries or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to  pro- 
hibit the  sale  of  lottery  or  gift  enterprise  tickets,  or  tickets  in  any 
scheme  in  the  nature  of  a  lottery,  in  this  State ;  and  all  acts,  or  parts 
of  acts,  heretofore  passed  by  the  General  Assembly  of  this  State, 
authorizing  a  lottery  or  lotteries,  and  all  acts  amendatory  thereof,  or 
supplemental  thereto,  are  hereby  avoided. 

27.  The  presiding  officer  of  each  house  shall,  in  the  presence  of  the 
house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  General  Assembly,  after  the  titles  have  been  publicly 
read  immediately  before  signing,  and  the  fact  of  signing  shall  be  en- 
tered on  the  journal. 

28.  The  General  Assembly  shall  prescribe  by  law  the  number,  du- 
ties and  compensation  of  the  officers  and  employees  of  each  House ; 
and  no  payment  shall  bo  made  from  the  State  Treasury,  or  be  in  any 
way  authorized  to  any  person,  except  to  an  acting  officer  or  employe, 
elected  or  appointed  in  pursuance  of  law. 

29.  No  bill  shall  be  passed  giving  any  extra  compensation  to  any 
public  officer,  servant  or  employe,  agent  or  contractor,  after  the  ser- 
vices shall  have  been  rendered,  or  contract  made  ;  nor  shall  any  offi- 
cer of  the  State  bind  the  State  to  the  payment  of  any  sum  of  money 
but  by  authority  of  law. 

30.  All  stationery,  printing,  paper  and  fuel  used  in  the  legislative 
and  other  departments  of  government,  shall  be  furnished,  and  the 
printing,  binding  and  distribution  of  laws,  journals,  department  re- 
ports, and  all  other  printing  and  binding,  and  repairing  and  furnish- 
ing the  halls  and  rooms  used  for  the  meetings  of  the  General  Assem- 
bly and  its  committees,,  shall  be  performed  under  contract,  to  be 
given  to  the  lowest  responsible  bidder  below  a  maximum  price,  and 
under  such  regulations  as  shall  be  prescribed  by  law  ;  no  member  or 
officer  of  any  department  of  the  government  shall  be  in  any  way  inter- 
ested in  such  contracts,  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  Governor,  State  Auditor  and  State  Treasurer. 

31.  All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives ;  but  the  Senate  may  propose  amendments,  as  in 
other  bills. 

32.  The  General  Appropriation  Bill  shall  embrace  nothing  but  ap- 
propriations for  the  ordinary  expenses  of  the  Executive,  Legislative 
and  Judicial  departments  of  the  State,  interest  on  the  public  debt, 
and  for  the  public  schools  ;  all  other  appropriations  shall  be  made  by 
separate  bills,  each  embracing  but  one  subject. 

33.  No  money  shall  be  paid  out  of  the  Treasury  except  upon  appro- 
priations made  by  law,  and  on  warrant  drawn  by  the  proper  officer  in 
pursuance  thereof;  and  a  regular  statement  and  account  of  receipts 


12 

and  expenditures  of  all  public  moneys  shall  be  published  annually,  in 
such  manner  as  may  be  by  law  directed. 

34.  ^o  appropriation  shall  be  made  to  any  charitable  or  educa- 
tional institution  not  under  the  absolute  control  of  the  State,  other 
than  Normal  schools,  estabUshed  by  law  for  the  professional  training 
of  teachers  for  the  public  schools  of  the  State,  except  by  a  vote  of  two- 
thirds  of  all  the  members  elected  to  each  House. 

35.  No  act  of  the  General  Assembly  shall  authorize  the  investment 
of  any  trust  fund  by  executors,  administrators,  guardians,  and  other 
trustees,  in  the  bonds  or  stock  of  any  private  corporation  ;  and  any 
such  acts  now  existing  are  avoided,  saving  investments  heretofore 
made. 

38.  The  power  to  change  the  venue,  in  civil  and  criminal  causes,  is 
vested  in  the  courts,  to  be  exercised  in  such  manner  as  shall  be  pro- 
vided by  law. 

37.  When  the  General  Assembly  shall  be  convened  in  special  ses- 
sion, there  shall  be  no  legislation  upon  subjects  other  than  those 
designated  in  the  proclamation  of  the  Governor  calling  such  sessions. 

38.  No  State  oflBce  shall  be  continued  or  created  for  the  inspection 
or  measuring  of  any  mei'chandise,  manufacture  or  commodity ;  but 
any  county  or  municipality  may  appoint  such  officers  wlien  authorized 
by  law. 

39.  No  act  of  the  General  Assembly  changing  the  seat  of  govern- 
ment of  the  State  shall  become  a  law  until  the  same  shall  have  been 
submitted  to  the  qualified  electors  of  the  State  at  a  general  election, 
and  approved  by  a  majority  of  such  electors  of  the  State  at  a  general 
election,  and  approved  by  a  majority  of  such  electors  voting  on  the 
same,  and  such  act  shall  specify  the  proposed  new  location. 

40.  A  member  of  tlie  General  Assembly  who  shall  coi-ruptly  solicit, 
demand  or  receive,  or  consent  to  receive,  directly  or  indirectly,  for 
himself  or  for  another,  from  any  company,  corporation  or  person,  any 
money,  office,  appointment,  employment,  reward,  thing'of  value  or 
enjoyment,  or  of  personal  advantage  or  promise  thereof,  for  his  vote 
or  official  influence,  or  for  withholding  the  same,  or  with  an  under- 
standing, expressed  or  implied,  that  his  vote  or  official  action  shall 
be  in  any  way  influenced  thereby,  or  who  shall  solicit  or  demand  any 
such  money  or  other  advantages,  matter  or  thing  aforesaid  for  an- 
other, as  the  consideration  of  liis  vote  or  official  influence,  or  for 
withholding  the  same,  or  shall  give  or  withhold  his  vote  or  influence 
in  consideration  of  the  payment  or  promise  of  such  money,  advantage, 
matter  or  thing  to  another,  shall  be  guilty  of  bribery  within  the 
meaning  of  this  Constitution,  and  shall  incur  the  disabilities  provided 
for  such  offense,  and  such  additional  punishment  as  is  or  shall  be  pro- 
vided by  law. 

41.  Any  member  who  shall,  directly  or  indirectly,  offer,  give  or 
promise  any  money  or  thing  of  value,  testimonial,  privilege  or  per- 
sonal advantage  to  any  executive  or  judicial  officer,  or  member  of  the 


13 

General  Assembly,  to  influence  him  in  the  performance  of  any  of  his 
publi^^i  or  ofiicial  duties,  shall  be  guilty  of  bribery  and  t»e  punished  in 
such  manner  as  shall  be  provided  by  law. 

42.  The  offense  of  corrupt  solicitation  of  members  of  the  General 
Assembly,  or  of  public  officers  of  this  State,  or  of  any  municijjal  di- 
vision thereof,  and  any  occupation  or  prfectice  of  solicitation  of  such 
member,  or  officers,  to  influence  their  official  action,  shall  be  defined 
by  law,  and  shall  be  punishable  by  fine  and  imprisonment. 

43.  A  member  of  the  General  Assembly,  who  has  a  personal  or 
private  interest  in  any  measure  or  bill,  proposed  or  pending  before 
the  General  Assembly,  shall  disclose  the  fact  to  the  House  of  which 
he  is  a  member,  and  shall  not  vote   thereon. 

44.  In  all  elections  by  the  General  Assembly  the  members  shall 
vote  viva  voce,  and  the  votes  shall  be  entered  on  the  journals. 

45.  It  shall  be  the  duty  of  the  General  Assembly  to  pass  such  laws 
as  may  be  necessary  and  proper  to  decide  differences  by  arbitrators, 
to  be  appointed  by  the  parties  who  may  choose  that  mode  of  adjust- 
ment. ' 

46.  It  shall  be  the  duty  of  the  General  Assembly,  at  its  first  session 
after  the  ratification  of  this  Constitution,  and  within  every  subse- 
quent period  of  ten  years,  to  make  provision  by  law  for  the  revision, 
digesting  and  promulgating  of  the  public  statutes  of  the  State  of  a 
general  nature,  both  civil  and  criminal. 

47.  The  General  Assembly  shall  pass  such  penal  laws  as  they  may 
deem  expedient  to  suppress  the  evil  practice  of  duelling. 

48.  It  shall  be  the  duty  of  the  General  Assembly  to  regulate  by 
law  the  cases  in  which  deductions  shall  be  made  from  the  salaries  of 
public  officers,  for  neglect  of  duty  in  their  official  capacities,  and  the 
amount  of  such  deductions. 

49.  It  shall  be  the  duty  of  the  General  Assembly  to  reciuire  the 
several  counties  of  this  State  to  make  adequate  provision  for  the  main- 
tenance of  the  poor. 

50.  The  General  Assembly  shall  not  have  power  to  authorize  any 
municipal  corporation  to  pass  any  laws  inconsistent  with  the  general 
laws  of  this  State. 

51.  In  the  event  of  annexation  of  any  foreign  territory  to  this  State, 
the  General  Assembly  shall  enact  laws  extending  to  the  inhabitants 
of  the  acquired  territory  all  the  rights  and  privileges  which  may  be 
required  by  the  terms  of  the  acquisition,  anything  in  this  Constitution 
to  the  contrary  notwithstanding. 

52.  The  General  Assembly  shall  not  tax  the  property,  real  or  per- 
sonal, of  the  State,  counties  and  other  municipal  corporations,  or 
cemeteries  ;  nor  lots  in  incorporated  cities  or  towns,  or  within  one 
mile  of  any  city  or  town,  to  the  extent  of  one  acre,  nor  lots  one  mile 
or  more  distant  from  such  cities  or  towns,  to  the  extent  of  five  acres, 
with  the  building  thereon,  when  the  same  are  used  exclusively  for 
religious  worship,  for  schools,  or  for  purposes  purely  charitable ;  nor 


14 

such  property,  real  or  personal,  to  an  extent  not  exceeding  twenty- 
five  thousand  dollars  in  value,  as  may  be  used  exclusively  for  agri- 
cultural or  horticultural  associations  of  a  public  character. 

53.  The  General  Assembly  shall  by  law  prescribe  such  rules  and 
regulations  as  may  be  necessary  to  ascei'tain  the  value  of  personal 
and  real  property  exempted  from  sale  under  legal  process  by  this 
Constitution,  and  to  secure  the  same  to  the  claimant  thereof  selected. 

54.  The  State  shall  not  engage  in  works  of  internal  improvement, 
nor  lend  money  or  its  credit  in  aid  of  such  ;  nor  shall  the  State  be 
interested  in  any  private  or  corporate  enterprise,  or  lend  money,  or 
its  credit  to  any  individual,  association  or  corporation. 

55.  The  General  Assembly  shall  have  no  power  to  authorize  any 
county,  city,  town,  or  other  subdivision  of  this  State,  to  lend  its 
credit,  or  to  grant  public  money  or  thing  of  value  in  aid  of,  or  to  any 
individual,  association  or  corporation  whatever,  or  to  become  a  stock- 
holder in  any  such  corporation,  association  or  company,  by  issuing 
bonds  or  otherwise. 

56.  There  can  be  no  law  of  this  State  impairing  the  obligation  of 
contracts  by  destroying  or  impairing  the  remedy  for  their  enforce- 
ment ;  and  the  General  Assembly  shall  have  no  power  to  revive  any 
right  or  remedy  which  may  have  become  barred  by  lapse  of  time  or 
by  any  statute  of  this  State. 

ARTICLE  V. 

EXECUTIVE  DEPARTMENT. 

1.  The  Executive  Department  sht^l  consist  of  a  Governor,  Secre- 
tary of  State,  State  Treasurer,  State  Auditor,  Attorney  General,  and 
Superintendent  of  Education,  and  a  Sheriff  for  each  county. 

2.  The  supreme  executive  power  of  this  State  shall  be  vested  in  a 
Chief  Magistrate,  who  shall  be  styled  "The  Governor  of  the  State  of 
Alabama." 

3.  The  Governor,  Secretary  of  State,  State  Treasurer,  State  Audi- 
tor and  Attorney  General  shall  be  elected  by  the  qualified  electors  of 
this  State,  at  the  same  time  and  places  appointed  for  the  election  of 
members  of  the  General  Assembly.* 

4.  The  returns  of  every  election  for  Governor,  Secretary  of  State, 
State  Auditor,  State  Treasurer,  and  Attorney  General  shall  be  sealed 
up  and  transmitted  by  the  returning  officers  to  the  seat  of  govern- 
ment, directed  to  the  Speaker  of  the  House  of  Representatives,  who 
shall,  during  the  first  week  of  the  session  to  which  said  returns  shall 
be  made,  open  and  publish  them  in  the  presence  of  both  houses  of 
the  General  Assembly  in  joint  convention.  The  persons  having  the 
highest  number  of  votes  for  either  of  said  ofiices  shall  be  declared 
duly  elected  ;  but,  if  two  or  more  shall  have  an  equal  and  the  highest 
number  of  votes  for  the  same  ofiice,  the  General  Assembly,  by  joint 
vote,  without  delay,  shall  choose  one  of  said  persons  for  said  ofiice. 


15 

Contested  elections  for  Grovernor,  Secretary  of  State,  State  Auditor, 
State  Treasurer  and  Attorney  General  shall  be  determined  by  both 
houses  of  the  General  Assembly,  in' such  manner  as  may  be  prescribed 
by  law. 

5.  The  Governor,  Secretary  of  State,  State  Treasurer,  State  Audi- 
tor and  Attorney  General  shall  hold  their  respective  offices  for  the 
term  of  two  years  from  the  time  of  their  installation  in  office,  and 
until  their  successors  shall  be  elected  and  qualified. 

6.  The  Governor  shall  be  at  least  thirty  years  of  age  when  elected, 
and  shall  have  been  a  citizen  of  the  United  States  ten  years,  and  a 
resident  citizen  of  this  State  at  least  seven  years  next  before  the  day 
of  his  election. 

7.  The  Governor,  Secretary  of  State,  State  Treasurer,  State  Audi- 
tor and  Attorney  General  shall  reside  at  the  seat  of  government  of 
this  State  during  the  time  they  continue  in  office,  except  in  cases  of 
epidemics ;  and  they  shall  receive  compensation  for  their  services, 
which  shall  be  fixed  by  law,  and  which  shall  not  be  increased  or  di- 
minished during  the  term  for  which  they  shall  have  been  elected. 

8.  The  Governor  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted. 

9.  The  Governor  may  require  information  in  writing  under  oath, 
from  the  officers  of  the  Executive  Department  on  any  subject  relating 
to  the  duties  of  their  respective  offices ;  and  may  at  any  time  require 
information  in  writing,  under  oath,  from  all  officers  and  managers  of 
State  institutions,  upon  any  subject  relating  to  the  condition,  man- 
agement and  expenses  of  their  respective  offices  and  institutions  ;  and 
any  such  officer  or  manager  who  makes  a  false  report  shall  be  guilty 
of  perjury  and  punished  accoixiingly. 

10.  The  Governor  may,  by  proclamation,  on  extraordinary  occa- 
sions, convene  the  General  Assembly  at  the  seat  of  government,  or  at 
a  different  place  if,  since  their  last  adjournment,  that  shall  have  be- 
come dangerous  from  an  enemy,  or  from  infectious  or  contagious  dis- 
eases ;  and  he  shall  state  specifically  in  such  proclamation  each  mat- 
ter concerning  which  the  action   of  that  body  is  deemed  necessary. 

11.  The  Governor  shall,  from  time  to  time,  give  to  the  General 
Assembly  information  of  the  state  of  the  government,  and  recom- 
meijd  to  their  consideration  such  measures  as  he  may  deem  expe- 
dient ;  and  at  the  commencement  of  each  session  of  the  General  As- 
sembly, and  at  the  close  of  his  term  of  office,  give  information,  by 
written  message,  of  the  condition  of  the  State  ;  and  he  shall  account 
to  the  General  Assembly,  as  may  be  prescribed  by  law,  for  all  moneys 
received  and  paid  out  by  him  from  any  funds  subject  to  his  order, 
with  the  vouchers  therefor ;  and  he  shall,  at  tlie  commencement  of 
each  regular  session,  present  to  the  General  Assembly  estimates  of 
the  amount  of  money  required  to  be  raised  by  taxation  for  all  pur- 
poses. 

12.  The  Governor  shall  have  power  to  remit  fines  and  forfeitures, 


16 

under  such  rules  and  regulations  as  may  be  prescribed  by  law,  and 
after  conviction,  to  grant  reprieves,  commutation  of  sentence,  and 
pardons  (except  in  cases  of  treason  and  impeachment) ;  but  pardons 
in  cases  of  murder,  arson,  burglary,  rape,  assault  with  attempt  to- 
commit  rape,  perjury,  forgery,  bribery,  and  larceny,  shall  not  relieve 
from  civil  and  political  disability  unless  specifically  expressed  in  the 
pardon.  Upon  conviction  of  treason,  the  Governor  may  suspend  the 
execution  of  the  sentence,  and  report  the  same  to  General  Assembly 
at  the  next  regular  session,  when  the  General  Assembly  shall  either 
pardon,  commute  the  sentence,  direct  its  execution,  or  grant  further 
reprieve.  He  shall  communicate  to  the  General  Assembly  at  every 
regular  session  each  case  of  reprieve)  commutation  or  pardon  granted, 
with  his  reasons  therefor ;  stating  the  name  and  crime  of  the  convict, 
the  sentence,  its  date  and  the  date  of  reprieve,  commutation  or  pardon. 

13.  Every  bill  which  shall  have  passed  both  houses  of  the  General 
Assembly  shall  be  presented  to  the  Governor ;  if  he  approve,  he  shall 
sign  it,  but  if  not,  he  shall  return  it  with  his  objections  to  that  house 
in  which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  upon  the  journals,  and  the  house  to  which  such  bill  shall  be  re- 
turned shall  proceed  to  reconsider  it;  if,  after  such  reconsideration, 
a  majority  of  the  whole  number  elected  to  that  house  shall  vote  for 
the  passage  of  such  bill,  it  shall  be  sent,  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered  ;  if  approved 
by  a  majority  of  the  whole  number  elected  to  that  house,  it  shall  be- 
come a  law ;  but,  in  such  cases,  the  votes  of  both  houses  shall  be  de- 
termined by  yeas  and  nays,  and  the  names  of  the  members  voting  for 
or  against  the  bill  shall  be  entered  upon  the  journals  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the  Governor  within 
five  days,  Sundays  excepted,  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it, 
unless  the  General  Assembly  by  their  adjournment,  prevent  its  return, 
in  which  case  it  shall  not  be  a  law.  And  every  order,  vote  or  resolu- 
tion to  which  the  concurrence  of  both  houses  may  be  necessary  (ex- 
cept questions  of  adjournment  and  of  bringing  on  elections  for  the 
two  houses,  and  of  amending  this  Constitution)  shall  be  presented  to 
the  Governor  and  before  the  same  shall  take  effect  be  approved  by 
him,  or  being  disapproved,  shall  be  repassed  by  both  houses,  accoi-d- 
ing  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

14.  The  Governor  shall  have  power  to  disapprove  of  any  item  or 
items  of  any  bill  making  appropriations  of  money,  embracing  distinct 
items,  and  the  part,  or  parts,  of  the  bill  approved,  shall  be  the  law, 
and  the  item  or  items  of  appropriation  disapproved  shall  be  void,  un- 
less repassed  according  to  the  rules  and  limitations  prescribed  for  the 
passage  of  other  bills  over  the  Executive  veto ;  and  he  shall,  in  writ- 
ing, state  specifically  the  item  or  items  he  disapproves. 

15.  In  case  of  the  impeachment  of  the  Governor,  his  removal  from 


17 

office,  death,  refusal  to  qualify,  resignation,  absence  from  the  State, 
or  other  disability,  the  President  of  the  Senate  shall  exercise  all  the 
power  and  authority  appertaining  to  the  office  of  Governor,  until  the 
time  apijointed  for  the  election  of  Governor  shall  arrive,  or  until  the 
Governor  who  is  absent,  or  impeached,  shall  return  or  be  acquitted, 
or  other  disability  be  removed  ;  and  if,  during  such  vacancy  in  the 
office  of  Governor,  the  President  of  the  Senate,  shall  be  impeached^ 
removed  from  office,  refuse  to  qualify,  die,  resign,  be  absent  from  the 
State,  or  be  under  any  other  disability,  the  Speaker  of  the  House  of 
Eepresentatives  shall,  in  like  manner,  administer  the  government. 
If  the  Governor  shall  be  absent  from  the  State  over  twenty  days,  the 
Secretary  of  State  shall  notify  the  President  of  the  Senate,  who  shall 
enter  upon  the  duties  of  Governor ;  and  if  the  Governor  and  President 
of  the  Senate  shall  both  be  absent  from  the  State  over  twenty  days, 
the  Secretary  of  State  shall  notify  the  Speaker  of  the  House  of  Rep- 
resentatives, and  in  such  case  he  shall  enter  upon  and  discharge  the 
duties  of  Governor,  until  the  return  of  the  Governor  or  President  of 
the  Senate. 

16.  The  President  of  the  Senate  and  Speaker  of  the  House  of  Rep- 
resentatives shall,  during  the  time  they  respectively  administer  the 
government,  receive  the  same  compensation  whicli  the  Governor 
would  have  received  if  he  had  been  employed  in  the  duties  of  his 
office ;  Provided,  That  if  the  General  Assembly  shall  be  in  session 
during  such  absence,  they,  or  either  of  them,  shall  receive  no  com- 
pensation as  members  of  the  General  Assembly  while  acting  as  Gov- 
ernor. 

17.  No  person  shall,  at  one  and  the  same  time,  hold  the  office  of 
Governor  of  this  State  and  any  other  office,  civil  or  military,  either 
under  this  State,  the  United  States,  or  any  other  state  or  government, 
except  as  otherwise  provided  in  this  Constitution. 

18.  The  Governor  shall  be  commander-in-chief  of  the  militia  and 
volunteer  forces  of  this  State,  except  when  they  shall  be  called  into 
the  service  of  the  United  States,  and  he  may  call  out  the  same  to  exe- 
cute the  laws,  suppress  insurrection,  and  repel  invasion,  but  he  need 
not  command  in  person,  unless  directed  to  do  so  by  a  resolution  of 
the  General  Assembly  ;  and  when  Acting  in  the  service  of  the  United 
States,  he  shall  appoint  his  stafif,  and  the  General  Assembly  shall  fix 
his  rank. 

19.  No  person  shall  be  eligible  to  the  office  of  Secretary  of  State, 
State  Treasurer,  State  Auditor,  or  Attorney  General,  unless  he  shall 
have  been  a  citizen  of  the  United  States  at  least  seven  years,  and 
shall  have  resided  in  this  state  at  least  five  years  next  preceding  his 
election,  and  shall  be  at  least  twenty-five  years  old  when  elected. 

20.  There  shall  be  a  great  seal  of  the  State,  which  shall  be  used 
officially  by  the  Governor;  and  the  seal  now  in  use  shall  continue  to 
be  used  until  another  shall  have  been  adopted  by  the  General  Assem- 


18 

bly.     The   said  seal   shall   be  called  the  "Great  Seal  of  the  State  of 
Alabama." 

21.  The  Secretary  of  State  shall  be  the  custodian  of  the  seal  of  the 
State,  and  shall  authenticate  therewith  all  official  acts  of  the  Gov- 
ernor, his  approval  of  laws  and  resolutions  excepted.  He  shall  keep 
a  register  of  the  official  acts  of  the  Governor,  and  when  necessary 
shall  attest  them,  and  lay  copies  of  the  same  together  with  copies  of 
all  papers  relative  thereto,  before  either  House  of  the  General  Assem- 
bly, whenever  required  to  do  so,  and  shall  perform  such  other  duties 
as  may  be  prescribed  by  law. 

22.  All  grants  and  commissions  shall  be  issued  in  the  name,  and 
by  tho.  autliority  of  the  State  of  Alabama,  sealed  with  the  great  seal, 
and  signed  by  the  Governor,  and  countersigned  by  the  Secretary  of 
State. 

23.  Should  the  office  of  Secretary  of  State,  State  Treasui'er,  State 
Auditor,  Attorney  General,  or  Superintendent  of  Education,  become 
vacant  for  any  of  the  causes  specified  in  section  fifteen  of  this  article, 
the  Governor  shall  fill  the  vacancy,  until  the  disability  is  removed, 
or  a  successor  elected  and  qualified. 

24.  The  State  Treasurer,  State  Auditor  and  Attorney  General  shall 
perform  such  duties  as  may  be  prescribed  by  law.  The  State  Treas- 
urer and  State  Auditor  shall,  every  year,  at  a  time  the  General  As- 
sembly may  fix,  make  a  full  and  complete  report  to  the  Governor, 
showing  all  receipts  and  disbursements  of  revenue,  of  every  charac- 
ter, all  claims  audited  and  paid  by  the  State,  by  items,  and  all  taxes 
and  revenue  collected  and  paid  into  the  treasury  and  from  what 
sources;  and  they  shall  make  reports  oftener  in  any  matter  pertain- 
ing to  their  office,  if  required  by  the  Govei'nor,  or  the  General  As- 
sembly. 

25.  The  State  Auditor,  State  Treasurer  and  Secretary  of  State 
shall  not,  after  the  expiration  of  the  terms  of  those  now  in  office,  re- 
ceive to  their  use  any  fees,  costs,  perquisites  of  office,  or  compensa- 
tion, other  than  their  salaries  as  prescribed  by  law ;  and  all  fees  that 
may  be  payable  by  law,  for  any  service  performed  by  either  of  such 
officers,  shall  be  paid  in  advance  into  the  State  Treasurer. 

26.  A  Sheriff  shall  be  elected  in  each  county,  by  the  qualified  elec- 
tors thereof,  who  shall  hold  his  office  for  the  term  of  four  years,  un- 
less sooner  removed,  and  shall  be  ineligible  to  such  office  as  his  own 
successor;  Provided,  That  Sheriffs  elected  on  the  first  ^Monday  in 
August,  eighteen  hundred  and  seventy-seven,  or  at  such  other  time 
as  may  be  prescribed  by  law  for  the  election  in  that  year,  shall  liuld 
their  offices  for  the  term  of  three  years,  and  until  their  successors 
shall  be  elected  and  qualified.  In  the  year  1880,  at  the  general  elec- 
tion for  members  to  the  General  Assembly,  Sheriffs  shall  be  elected 
for  four  years,  as  herein  provided.  Vacancies  in  the  office  of  Sheriff 
shall  be  filled  by  the  Governor,  as  in  other  cases ;  and  the  person  ap- 


19 

pointed  shall  continue  in  the  ofHee   until  the  next  general  election  in 
the  county  for  Sheriff,  as  provided  by   law. 

ARTICLE   VI. 

JUDICIAL  DEPARTMENT. 

1.  Tlie  judicial  power  of  the  State  shall  be  vested  in  the  Senate, 
sitting  as  a  Court  of  Impeachment,  a  Supreme  Court,  Circuit  Courts, 
Chancery  Court,  Courts  of  Probate,  such  Inferior  Courts  of  law  and 
equity,  to  consist  of  not  more  than  five  members,  as  the  General 
Assembly  may  from  time  to  time  establish,  and  such  persons  as  may 
be  by  law  invested  with  powers  of  a  judicial  nature. 

2.  Except  in  cases  otherwise  directed  in  tlie  Constitution,  the  Su- 
preme Court  shall  have  appellate  jurisdiction  only,  which  shall  be 
co-extensive  with  the  State,  under  such  restrictions  and  regulations 
not  repugnant  to  this  Constitution,  as  may  be  from  time  to  time  pre- 
scribed by  law.  Provided,  That  said  Court  shall  have  power  to  issue 
rights  of  injunction,  habeas  corpus,  quo  warranto,  and  such  other  reme- 
dial and  original  wi-its  as  may  be  necessary  to  give  it  a  general  super- 
intendence and  control  of  superior  jurisdiction. 

3.  The  Supreme  Court  shall  be  held  at  the  seat  of  government, 
but  if  that  shall  liave  become  dangerous  from  any  cause  it  may  ad- 
jonrn  to  a  different  place. 

4.  The  State  shall  be  divided  by  the  General  Assembly  into  con- 
venient ciixjuits,  not  to  exceed  eight  in  number  unless  increased  by  a 
vote  of  two-thirds  of  the  members  of  each  House  of  the  General  As- 
sembly, and  no  circuit  shall  contain  less  than  three  nor  more  than 
twelve  counties  ;  and  for  each  circuit  there  shall  be  chosen  a  Judge, 
who  shall,  for  one  year  next  preceding  his  election  and  during  his 
continuance  in  office,  reside  in  the  circuit  for  which  he  is  elected. 

5.  The  Circuit  Court  shall  have  original  jurisdiction  in  all  matters, 
civil  and  criminal,  within  the  State,  not  otherwise  excepted  in  the 
Constitution  ;  but  in  civil  cases  only  where  th.?  matter  or  sum  in  con- 
troversy exceeds  fifty  dollars. 

6.  A  Circuit  Court  shall  be  held  in  each  county  in  the  State  at 
least  twice  in  every  year,  and  the  Judges  of  the  several  circuits  may 
hold  courts  for  each  other,  when  they  deem  it  expedient,  and  shall 
do  so  when  directed  by  law  ;  Provided,  that  the  Judges  of  the  several 
Circuit  Courts  shall  have  power  to  issue  writs  of  injunction  return- 
able into  Courts  of  Chancery. 

7.  The  General  Assembly  shall  have  power  to  establish  a  Court  or 
Courts  of  Chancery,  with  original  and  appellate  jurisdiction.  The 
State  shall  be  divided  by  the  General  Assembly  into  convenient  chan- 
cery divisions,  not  exceeding  three  in  number,  unless  an  increase 
shall  be  made  by  a  vote  of  two-thirds  of  each  House  of  the  General 
Assembly  taken  by  yeas  and  nays  and  entered  uptm  the  journals ;  and 
the  division  shall  be  divided  into  districts,  and  for  each  division  there 
shall  be  a  Chancellor,  who  shall,   at  the   time  of  his  election  or  ap- 


20 

pointment,  and  during  his  continnance  in  oiRce,  reside  in  the  division 
for  which  he  shall  have  been  elected  or  appointed. 

8.  A  Chancery  Court  shall  be  held  in  each  district,  at  a  place  to  be 
fixed  by  law,  at  least  once  in  each  year,  and  tlie  Chancellors  may  hold 
courts  for  each  other  when  they  deem  it  necessai-y. 

9.  The  General  Assembly  shall  have  power  to  establish  in  each 
county  within  the  State  a  Court  of  Probate,  with  general  jurisdiction 
for  the  granting  of  letters  testamentary  and  of  administration,  and 
for  orphan's  business. 

10.  The  Judges  of  the  Supreme  Court,  Circuit  Courts  and  Chan- 
cellors shall,  at  stated  times,  receive  for  their  services  a  compensa- 
tion, which  shall  not  be  diminished  during  their  official  terms,  but 
they  shall  receive  no  fees  or  perquisites,  nor  hold  any  office  (except 
judicial  offices)  of  profit  or  trust  under  this  State  or  the  United  States, 
or  any  other  power,  during  the  term  for  which  they  have  been  elected. 

11.  The  Supreme  Court  shall  consist  of  one  Chief-Justice  and  such 
number  of  Associate  Justices  as  may  be  prescribed  by  law. 

12.  The  Chief- Justice  and  Associate  Justices  of  the  Supreme  Court, 
Judges  of  the  Circuit  Courts,  Probate  Courts  and  Chancellors  shall 
be  elected  by  the  qualified  electors  of  the  State,  circuits,  counties 
and  chancery  divisions  for  which  such  courts  may  be  established,  at 
such  times  as  may  be  prescribed  by  law. 

13.  The  Judges  of  such  inferior  courts  of  law  and  equity  as  may  be 
by  law  established,  shall  be  appointed  in  such  mode  as  the  General 
Assembly  may  prescribe. 

14.  The  Judges  of  the  Supreme  Court,  Circuit  Courts,  Chancellors 
and  the  Judges  of  the  City  Court  shall  have  been  citizens  of  the 
United  States  and  of  this  State  five  years  next  preceding  their  elec- 
tion or  appointment,  and  shall  not  be  less  than  twenty-five  years  of 
age,  and  learned  in  the  law. 

15.  The  Chief  Justices  and  Associate  Justices  of  the  Supreme  Court, 
Circuit  Judges,  Chancellors  and  Probate  Judges  shall  hold  office  for 
the  term  of  six  years  and  until  their  successors  are  elected  or  ap- 
pointed and  qualified  ;  and  the  right  of  such  Judges  and  Chancellors 
to  hold  their  office  for  the  full  time  hereby  prescribed  sh^ll  not  be 
affected  by  any  change  hereafter  made  by  law  in  any  circuit,  division 
or  county  in  the  mode  or  time  of  election. 

16.  The  Judges  of  the  Supreme  Court  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  State  ;  the  Judges 
of  the  Circuit  Courts  within  their  respective  circuits,  and  the  Judges 
of  the  Inferior  Courts  within  their  respective  jurisdictions,  shall  in 
like  manner  be  conservators  of  the  peace. 

17.  Vacancies  in  the  office  of  any  of  the  Judges  or  Chancellors  of 
this  State  shall  be  filled  by  appointment  by  the  Governor,  and  such 
appointee  shall  hold  his  office  for  the  unexpired  term  and  until  his 
successor  is  elected  or  appointed  and  qualified. 

18.  If  in  any  case,  civil  or  criminal,  pending  in  any  Circuit,  Chan- 


21 

eery  or  City  Court  in  this  State,  the  presiding  Judge  or  Chancellor 
shall,  for  any  legal  cause,  be  incompetent  to  try,  hear  or  i-ender  judg- 
ment in  such  cause,  the  parties  or  tlieir  attorneys  of  record,  if  it  be  a 
civil  case,  or  the  solicitor  or  other  pi-osecuting  officer,  and  the  defend- 
ant or  defendants,  if  it  be  a  criminal  case,  may  agree  upon  some  dis- 
interested person,  practicing  in  the  court  and  learned  in  the  law,  to 
act  as  special  Judge  or  Chancellor,  to  sit  as  a  court  to  hear,  decidejand 
render  judgment  in  the  same  manner  and  to  the  same  efTect  as  a 
Judge  of  the  Circuit  or  City  Court,  or  Chancellor,  sitting  as  a  court 
might  do  in  such  case.  If  the  case  be  a  civil  one  and  the  parties,  or 
their  attorneys  of  record  do  not  agree,  or  if  a  case  be  a  criminal  one 
and  the  prosecuting  officer  and  the  defendant  or  defendants  do  not 
agree  upon  a  special  Judge  or  Chancellor,  or  if  either  party  in  a  spe- 
cial cause  is  not  represented  in  court,  the  Clerk  of  the  Circuit  or  City 
Court,  or  Register  in  Chancery  of  the  court  in  which  said  cause  is 
pending,  shall  appoint  the  special  Judge  orJChancellor,  who  shall  pre- 
side, try  and  render  judgments  as  in  this  section  provided. 

19.  The  General  Assembly  shall  have  power  to  provide  for  the 
holding  of  Circuit  and  Chancery  .Courts  in  this  State,  when  the  Judges 
or  Chancellors  thereof  fail  to  attend  regular  terms. 

20.  No  Judge  of  any  court  of  record  in  this  State  shall  practice  law 
in  any  of  the  courts  of  this  State  or  of  the  United  States. 

21.  Registers  in  Chancery  shall  be  appointed  by  the  Chancellors  of 
the  divisions,  and  shall  hold  office  during  the  term  of  the  Chancellor 
making  such  appointment;  and  such  Registers  shall  receive  as  com- 
pensation for  their  services  only  such  fees  and  commissions  as  may 
be  specifically  prescribed  by  law. 

22.  A  Clerk  of  the  Supreme  Court  shall  be  appointed  by  the  Judges 
thereof  and  shall  hold  office  during  the  term  of  the  Judges  making  the 
appointment,  and  Clerks  of  such  inferior  courts  as  may  be  established 
by  law  shall  be  appointed  by  the  Judges  thereof,  and  shall  hold  office 
during  the  term  of  the  Judge  making  such  appointment. 

23.  Clerks  of  the  Circuit  Court  shall  be  elected  by  the  qualified 
electors  in  each  county,  for  the  term  of  six  years.  Vacancies  in  such 
office  shall  be  filled  by  the  Governor  for  the  unexpired  term. 

24.  The  Clerk  of  the  Supreme  Court  and  Registers  in  Chancery 
may  be  removed  from  office  by  the  Judges  of  the  Supreme  Court  and 
Chancellors  respectively,  for  cause,  to  be  entered  at  length  upon  the 
records  of  the  court. 

25.  A  Solicitor  for  each  judicial  circuit  shall  be  elected  by  joint 
ballot  of  the  General  Assembly,  who  shall  be  learned  in  the  law,  and 
who  shall,  at  the  time  of  his  election,  and  during  his  continuance  in 
office,  reside  in  the  circuit  for  which  he  is  chosen,  and  whose  term  of 
office  shall  be  for  six  years  ;  Provided,  That  the  General  Assembly,  at 
the  first  session  thereof  after  the  ratification  of  this  Constitution  shall, 
by  joint  ballot,  elect  a  Solicitor  for  each  judicial  circuit  of  the  State, 
whose  term  of  office  shall  begin  on  Tuesday  after  the  first  Monday  in 


22 

November,  1876,  and  continue  for  four  years  ;  And  provided,  That  the 
General  Assembly  may,  when  necessary,  provide  for  the  election  or 
appointment  of  County  Solicitors. 

26.  There  shall  be  elected  by  the  qualified  electors  of  each  precinct 
of  the  counties  not  exceeding  two  Justices  of  the  Peace  and  one  Con- 
stable. Such  justices  shall  have  jurisdiction  in  all  civil  cases  wherein 
the  amount  in  controversy  does  not  exceed  one  hundred  dollars,  ex- 
cept in  cases  of  libel,  slander,  assault  and  battery,  and  ejectment. 

In  all  cases  tried  before  such  justices,  the  right  of  appeal,  without 
prepayment  of  costs,  shall  be  secured  bylaw  ;  Provided,  That  the  Grov- 
ernor  may  appoint  one  Notary  Public  for  each  election  precinct  in 
counties,  and  one  for  each  ward  in  cities  of  over  five  thousand  inhabi- 
tants, who,  in  addition  to  the  powers  of  Notary?  shall  have  and  exer- 
cise the  same  jurisdiction  as  Justices  of  the  Peace  within  the  precincts 
and  wards  for  which  they  are  respectively  appointed  ;  And  provided. 
That  Notaries  Public  without  such  jurisdiction  may  be  appointed. 
The  term  of  office  of  such  Jvistices  and  Notaries  Public  shall  be  pre- 
scribed by  law. 

27.  An  Attorney-General  shall  be  elected  by  the  qualified  electors 
of  the  State  at  the  same  time  and  places  of  election  of  members  of  the 
General  Assembly,  whose  term  of  office  shall  be  for  two  years,  and 
until  his  successor  is  elected  and  qualified.  After  h?s  election  he 
shall  reside  at  the  seat  of  government,  and  shall  be  the  law  officer  of 
the  State,  and  shall  perform  such  duties  as  may  be  required  of  him 
by  law. 

28.  The  style  of  all  process  shall  be  "The  State  of  Alabama,"  and 
all  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority 
of  the  same,  and  shall  conclude  "Against  the  peace  and  dignity  of  the 
State." 

ARTICLE  YII. 

IMPEACHMENTS. 

1.  The  Governor,  Secretary  of  State,  Auditor,  Treasurer,  Attor- 
ney-General, Superintendentof  Education  and  Judges  of  the  Supreme 
Court  may  be  removed  from  office  for  willful  neglect  of  duty,  corrup- 
tion in  office,  habitual  drunkenness,  incompetency,  or  any  offense  in- 
volving moral  turpitude  while  in  office,  or  committed  under  color 
thereof  or  connected  therewith,  by  the  Senate,  sitting  as  a  court  for 
that  purpose,  under  oath  or  affirmation,  on  articles  or  charges  pre- 
ferred by  the  House  of  Representatives. 

2.  The  Chancellors,  Judges  of  the  Circuit  Courts,  Judges  of  the 
Probate  Courts,  Solicitors  of  the  Circuits  and  Judges  of  the  Inferior 
Courts,  from  which  an  appeal  may  be  taken  directly  to  the  Supreme 
Court,  may  be  removed  from  office  for  any  of  the  causes  specified  in 
the  preceding  section,  by  the  Supreme  Court,  under  such  regulations 
as  may  be  prescribed  by  law. 


23 

3.  The  Sheriffs,  Clerks  of  tlie  Circuit,  City  or  Criminal  Courts, 
Tax  Collectors,  Tax  Assessors,  County  Treasurers,  Coroners,  Justices 
of  the  Peace,  Notaries  Public,  Constables  and  allotlier  county  ofiicera, 
Mayors  and  Tntendants  of  ineorpornted  cities  and  towns  in  tliis  State, 
may  be  removed  from  office  for  any  of  the  canses  specified  in  section 
one  of  this  article,  by  the  Circuit,  City  or  Criminal  Court  of  the 
county  in  which  sucli  officers  hold  tlieir  office,  under  such  regulations 
as  may  be  prescribed  by  law  ;  Provided,  That  the  riglit  of  trial  by  jury 
and  appeal  in  such  cases  be  secui*ed. 

4.  The  penalties  in  cases  arising  under  the  three  preceding  sections 
shall  not  extend  beyond  removal  from  oifice,  and  disqualification 
from  holding  office  under  the  authority  of  this  State,  for  the  term  for 
which  lie  was  elected  or  appointed  ;  but  the  accused  shall  be  liable  to 
indictment  and  piinislnnent  as  prescribed  by  law. 

ARTICLE  VITI. 

SIFFHAGK  AND    KLKCTIOXS. 

1  Every  male  citizen  of  the  United  States,  and  every  male  person 
of  foreign  birth  who  may  have  legally  declared  his  intention  to  be- 
come a  citizen  of  the  United  States  before  he  offers  to  vote,  who  is 
twenty-one  yeai-s  old,  or  upwards,  possessing  the  following  qualifica- 
tions, shall  be  an  elector  and  shall  be  entitled  to  vote  at  any  election 
by  the  people,  except  as  hereinafter  provided :  First,  lie  shall  have 
resided  in  the  State  at  least  one  year  immediately  preceding  the  elec- 
tion at  which  he  ofrei*s  to  vote.  Second.  He  shall  have  resided  in 
the  county  for  thi'ee  months,  and  in  the  precinct  or  ward  for- thirty 
days  immediately  preceding  the  election  at  which  he  offers  to  vote; 
Proridrd,  That  theGener.Tl  A  ^-embly  may  prescribe  a  longer  or  shorter 
residence  in  any  precinct  in  tuiy  county,  or  in  any  wai*d  in  any  incor- 
porated city  or  town  having  a  population  of  more  than  five  thousand 
inhabitants,  but  in  no  case  to  exceed  three  months;  And,  provided, 
That  no  soldier,  sailor  or  marine,  in  the  military  or  naval  service  of 
the  United  States  shall  acquire  a  residence  by  being  stationed  in  this 
State. 

2.  All  elections  by  the  people  shall  be  by  ballot,  and  all  elections 
by  persons  in  a  representative  capacity  shall  be  viva  voce. 

3.  The  following  classes  shall  not  be  ])ermitted  to  register,  vote  or 
hold  office:  First.  Those  who  siia  11  have  been  convicted  of  treason, 
embezzlement  of  public  funds,  malfeasance  in  office,  larceny,  bribery, 
or  other  crime,  punishable  by  imprisonment  in  the  penitentiary. 
Second.    Those  who  are  idiots  or  insane. 

4.  Elect<irs  shall  in  all  cases,  except  treason,  felony,  or  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  elec- 
tions, or  while  going  to  or  returning  therefrom. 

5.  The  General  Assembly  shall  pass  laws,  not  inconsistent  with  the 
Constitution,  to  regulate  and  govern  elections  in  this  State,  and  all 
such  laws  shall  be  uniform  throughout  the  State.    The  General  As- 


24 

sembly  may,  when  necessary,  provide  by  law  for  the  registration  of 
electors  throughout  the  State,  or  in  any  incorporated  city  or  town 
thereof,  and  when  it  is  so  provided  no  person  shall  vote  at  any  elec- 
tion unless  he  shall  have  registered,  as  required  by  law. 

6.  It  shall  be  the  duty  of  the  General  Assembly  to  pass  adequate 
laws  giving  protection  against  the  evils  arising  from  the  use  of  intoxi- 
cating liqiiors  at  all  elections. 

7.  Returns  of  elections  for  all  civil  officers  who  are  to  be  commis- 
sioned by  the  Governor,  except  Secretary  of  State,  State  Auditor, 
State  Treasurer  and  Attorney-General,  and  for  the  members  of  the 
General  Assembly,  shall  be  made  to  the  Secretary  of  State. 

ARTICLE  IX. 

REPRESENTATION. 

1.  The  whole  number  of  Senators  shall  be  not  less  than  one-fourth 
.  nor  more  than  one-third  of  the  whole  number  of  representatives. 

2.  The  House  of  Representatives  shall  consist  of  not  more  than 
one  hundred  members,  who  shall  be  apportioned  by  the  General  As- 
sembly among  the  several  counties  of  the  State,  according  to  the 
number  of  inhabitants  in  them  respectively,  as  ascertained  by  the 
decennial  census  of  the  United  States  for  the  year  eighteen  hundred 
and  eighty ;  w^hich  apportionment,  when  made,  shall  be  subject  to 
alteration  until  the  first  session  of  the  General  Assembly  after  the 
next  decennial  census  of  the  United   States   shall  have  been  taken. 

3.  It  shall  be  the  duty  of  the  General  Assembly,  at  its  first  session 
after  the  taking  of  the  decennial  census  of  the  United  States  in  the 
year  eighteen  hundred  and  eighty,  and  after  each  subsequent  decen- 
nial census,  to  fix  by  law  the  number  of  Representatives  and  appor- 
tion them  among  the  several  counties  of  the  State ;  Provided,  That 
each  county  shall  be  entitled  to  at  least  one  Representative. 

4.  It  shall  be  the  duty  of  the  General  Assembly  at  its  first  session 
after  the  taking  of  the  decennial  census  of  the  United  States  in  the 
year  eighteen  hundred  and  eighty,  and  after  each  subsequent  decen- 
nial census,  to  fix  by  law  the  number  of  Senators  and  to  divide  the 
State  into  as  many  Senatorial  Districts  as  there  are  Senators,  which 
districts  shall  be  as  nearly  equal  to  each  other  in  the  number  of  in- 
habitants as  may  be,  and  each  shall  be  entitled  to  one  Senator  and 
no  more ;  and  which  districts,  when  formed,  shall  not  be  changed 
until  the  next  apportioning  session  of  the  General  Assembly  after  the 
next  decennial  census  of  the  United  States  shall  have  been  taken. 
No  county  shall  be  divided  between  two  districts  and  no  district  shall 
be  made  of  two  or  more  counties  not  contiguous  to  each  other. 

6.  Should  the  decennial  census  of  the  United  States,  from  any 
cause,  not  be  taken,  or  if  when  taken,  the  same  as  to  this  State  is  not 
full  and  satisfactory,  the  General  Assembly  shall  have  power,  at  ita 
first  session  after  the  time  shall  have  elapsed  for  the  taking  of  said 
census,  to  provide  for  an   enumeration  of  all  the  inhabitants  of  this 


25 

State,  and  once  in  each  ten  years  thereafter  upon  which  it  shall  be 
the  duty  of  the  General  Assembly  to  make  the  appointment  of  Rep- 
resentatives and  Senators  as  provided  for  in  this  article. 

6.  Until  the  General  Assembly  shall  make  an  apportionment  of 
Representatives  among  the  several  counties,  after  the  first  decennial 
census  of  tiie  United  States,  as  herein  provided,  the  counties  of  Au- 
tauga, Baldwin,  Bibb,  Blount,  Calhoun,  Chilton,  Cherokee,  Choctaw, 
Clarke,  Clay.  Cleburne,  Coffee,  Colbert,  Conecuh,  Coosa,  Covin-jfton, 
Crenshaw,  Dale,  DeKalb,  Elmore,  Etowah,  Escambia,  Fayette,  Frank- 
lin, Geneva,  Henry,  Lauderdale,  Marion,  Morgan,  Monroe,  Marshall, 
Randolph,  Sanford,  Shelby,  St.  Clair,  Walker,  Washington  and  Win- 
ston shall  each  have  one  Representative ;  the  counties  of  Barbour, 
Bullock,  Butler,  Chambers,  Greene,  Hale,  Jackson,  Jefferson,  Lime- 
stone, Lawrence,  Lowndes,  Lee,  Macon,  Marengo,  Perry,  Pickens, 
Pike,  Russell,  Sumter,  Talhulega,  Tallapoosa,  Tuskaloosu  tmu  \\  ilcox 
shall  have  each  two  Representatives ;  the  county  of  Madison  shall 
have  three  Representatives;  the  counties  of  Dallas  and  Montgomery 
shall  have  eacli  four  Representatives ;  and  the  county  of  Mobile  shall 
have  five  Representatives. 

7.  Until  the  General  Assembly  shall  divide  the  State  into  sena- 
torial districts,  provided,  the  senatorial  districts  shall  be  as  follows: 
First  district,  Lauderdale  and  Limestone ;  second  district,  Colbert 
and  Lawrence  ;  third  district,  Morgan,  Winston  and  Blount ;  fourth 
district,  Madison ;  fiftli  district.  Marshiill,  Jack>on  and  DeKalb; 
sixth  district,  Cherokee,  Etowah  and  St.  Clair;  seventh  district, 
Calhoun  and  Cleburne  ;  eighth  district,  Talladega  and  Clay  ;  ninth 
district,  Randolph  and  Chambers ;  tenth  district,  Macon  and 
Tallapoosa;  eleventh  district,  Bibb  and  i'uskaloosa;  twelfth  district, 
Franklin,  Marion,  Fayette  and  Sanford;  thirteenth  district.  Walker, 
Jefferson  and  Shelby;  fourteenth  district,  Greene  and  Pickens; 
fifteenth  district,  Coosa,  Elmore  and  Chilton ;  sixteenth  district, 
Lowndes  and  Autauga ;  seventeenth  district,  Butler  and  Conecuh; 
•eighteenth  district.  Perry  ;  nineteenth  district,  Choctaw,  Clarke  and 
Washington  ;  twentieth  district,  Marengo ;  twenty-first  district,  Mon- 
roe, Escambia  and  Baldwin  ;  twenty-second  district,  Wilcox  ;  twenty- 
third  district,  Henry,  Coffee.  Dale  and  Geneva;  twency-fourth  dis- 
trict, Barbour;  twenty-fiftli  district.  Pike,  Crenshaw  and  Covington; 
twenty-sixth  district,  Bullock ;  twenty-seventh  district,  Lee  ;  twenty- 
eighth  district,  Montgomery  ;  twenty-ninth  district,  Russell ;  thirtieth 
district,  Dallas ;  thirty-first  district,  Sumter ;  thirty-second  district, 
Hale  ;  thirty-third  district,  Mobile. 

ARTICLE  X. 

EXEMPTKD  PBOPEHTY. 

1.  The  personal  property  of  any  resident  of  this  State  to  the  value 
of  one  thousand  dollars,  to  be  selected  by  such  resident,  shall  be  ex- 
empted from  sale  on  execution,  or  other  process  of  any  court,  issued 


26 

for  the  collection  of  any  debt  contracted,  since  the  thirteenth  day  c  f 
July,  eighteen  hundred  and  sixty-eight,  or  after  the  ratification  of 
this  Constitution. 

2.  Every  homestead  not  exceeding  eighty  acres,  and  the  dwelling 
and  appurtenances  thereon,  to  be  selected  by  the  owner  thereof,  and 
not  in  any  city,  town  or  village,  witli  the  dwelling  and  appurtenances 
thereon,  owned  and  occupied  by  any  resident  of  this  State,  and  not 
exceeding  the  value  of  two  thousand  dollars,  shall  be  exempted  from 
sale,  on  execution  or  any  other  process  from  a  court,  for  any  debt 
contracted  since  the  thirteenth  of  July,  eighteen  hundred  and  sixty- 
eight,  or  after  the  ratification  of  this  Constitution.  Such  exemption, 
however,  shall  not  extend  to  any  mortgage,  lawfully  obtained,  but 
such  mortgage  or  other  alienation  of  such  homestead,  by  the  owner 
thei-eof,  if  a  married  man,  shall  not  be  valid  without  the  voluntary 
signature  and  assent  of  the  wife  to  the  same. 

3.  The  homestead  of  a  family  after  the  death  of  the  ow^ner  thereof, 
shall  be  exempt  from  the  payment  of  any  debts  contracted  since  the 
thirteenth  day  of  July,  one  thousand  eight  hundred  and  sixty-eight, 
or  after  the  ratification  of  this  Constitution,  in  all  cases,  during  the 
minority  of  the  children. 

4.  The  i^rovisions  of  section  one  and  two  of  this  article  shall  not  be 
so  construed  as  to  prevent  a  laborer's  lien  for  work  done  and  per- 
formed for  the  person  claiming  such  exemption,  or  a  mechanic's  lien 
for  work  done  on  the  premises. 

5.  If  the  owmer  of  a  homestead  die,  leaving  a  widow,  but  no  chil- 
dren, such  homestead  shall  be  exempt,  and  the  rents  and  profits 
thereof  shall  inure  to  her  benefit. 

6.  The  real  or  personal  property  of  any  female  in  this  State,  ac- 
quired before  marriage,  and  all  jiroperty'  real  and  personal,  to  which 
she  may  afterwards  be  entitled  by  gift,  grant,  inheritance,  or  devise, 
shall  be  and  remain  the  separate  estate  and  property  of  such  female, 
and  shall  not  be  liable  for  any  debts,  obligations,  and  engagements  of 
her  husband,  and  may  be  devised  or  bequeathed  by  her,  the  same  as 
if  she  was  Sifemme  sole. 

7.  The  right  of  exemption  hereinbefore  secured,  maybe  waived  by 
an  instrument  in  writing,  and  when  such  waiver  relates  to  realty,  the 
instrument  must  be  signed  by  both  husband  and  wife,  and  attested  by 
one  witness. 

ARTICLE  XI. 

TAXATION. 

1.  All  taxes  levied  on  property  in  this  State,  shall  be  assessed  in 
exact  pj'oportion  to  the  value  of  such  property ;  Provided,  however, 
The  General  Assembly  may  levy  a  poll  tax  not  to  exceed  one  dollar 
and  fifty  cents  on  each  poll  which  shall  be  applied  exclusively  in  aid 
of  the  public  school  fund,  in  the  county  so  paying  the  same. 


27 

2.  No  power  to  levy  taxes  shall  be  delegated  to  individuals  or  pri- 
vate corporations. 

3.  After  the  ratification  of  this  Constitution,  no  new  debts  shall  be 
created  against,  or  incurred,  by  this  State  or  its  authority,  except  to 
repel  invasion,  or  suppress  insurrection,  and  then  only  by  a  concur- 
rence of  two-thii*ds  of  the  inembc'rs  of  each  house  of  the  General  As- 
sembly, and  the  vote  shall  be  taken  by  ye.-is  and  nays,  and  entered  on 
the  journals ;  and  any  act  creating  or  incurring  any  new  debt  against 
this  state,  except  a^herein  provided  for,  shall  be  absolutely  void  ; 
Provid^'d,  The  (Jovernor  may  be  authorized  to  negotiate  temporary 
loans,  never  to  exceed  one  hundred  thousand  dollars,  to  meet  defi- 
ciencies in  the  treasury  ;  and  until  the  same  is  paid,  no  new  loan  shall 
be  negotiated ;  Provided,  Jurther,  That  this  section  shall  not  be  so 
construed  as  to  prevent  the  issuance  of  bonds  in  adjustment  of  exist- 
ing State  indebtedness. 

4.  The  General  Assembly  shall  not  have  the  power  to  to  levy,  in 
any  one  year,  a  gi-eater  rate  of  taxation  than  three-fourths  of  oiio  ]^er 
centum  on  the  value  of  the  taxable  property  within  this  State. 

5.  No  county  in  this  State  shall  be  authorized  to  levy  a  larger  rate 
of  taxation,  in  any  one  year,  on  the  value  of  the  taxable  property 
therein  than  one-half  one  per  centum  ;  Provided,  That  to  pay  debts 
existing  at  the  ratiiication  of  this  Constitution,  an  additional  rate  of 
one-fourth  of  one  per  centum  may  be  levied  and  collected,  which 
shall  be  exclusively  appropriated  to  the  payment  of  such  debts,  or 
the  interest  thereon ;  Provided,  further,  That  to  any  debt  or  liability 
now  existing  against  any  county,  incurred  for  the  erection  of  the  nec- 
essary public  buildings  or  other  ordinary  county  purposes,  or  that 
may  hereafter  be  created  for  the  ei-ection  of  the  necessary  public 
buildings  or  bridges,  any  county  may  levy  and  collect  such  special 
taxes  as  may  have  been  or  may  hereafter  be  authorized  by  law,  which 
taxes  so  levied  and  collected  shall  be  applied  exclusively  to  the 
purposes  for  which  the  same  shall  have  been  levied  and  collected. 

6.  The  property  of  private  corporations,  associations  and  individ- 
uals of  this  State,  shall  forever  be  taxed  at  the  same  rate  ;  Provided. 
This  section  shall  not  apply  to  institutions  or  enterprises  devoted  ex- 
clusively to  religious,  educational  or  charitable  purposes. 

7.  No  city,  town  or  other  municipal  corporation,  other  than  pro- 
vided for  in  this  article,  shall  levy  or  collect  a  larger  rate  of  tax- 
ation, in  any  one  year,  on  the  property  thereof,  than  one-half  of 
one  per  centum  of  the  value  of  such  property,  assessed  for  State 
taxation  during  the  preceding  year:  '^Provided,  That  for  the  pay- 
ment of  debts  existing  at  the  time  of  the  notification  of  this  Consti- 
tution, and  the  interests  thereon,  an  addiiioiial  rale  of  one  per  centum 
maybe  collected,  to  be  applied  exclusively  to  such  indebtedness; 
A  n d  Provided,  Th i s  section  shall  not  apply  to  the  city  of  Mobile,  which 
ci"t'y"nay,  untirthe;^fir8t|[c(irj^f{[jamrary,5jine  thousamfeight  hundred 


28 

and  seventy-nine,  levy  a  tax  not  to  exceed  the  rate  of  one  per  centum, 
and  from  and  after  that  time  a  tax  not  to  exceed  the  rate  of  three- 
fourths  of  one  per  centum  to  pay  the  expenses  of  the  city  govern- 
ment, and  may  also,  until  the  first  day  of  January,  one  thousand 
eight  hundred  and  seventy-nine,  levy  a  tax  not  to  exceed  the  rate  of 
one  per  centum,  and  from  and  after  that  time,  a  tax  not  to  exceed  the 
rate  of  three-fourths  of  one  per  centum,  to  pay  the  existing  indebted- 
ness of  said  city  and  the  interest  thei-eon. 

8.  At  the  first  session  of  the  General  Assembly  after  the  ratifica- 
tion of  this  Constitution,  the  salaries  of  the  following  officers  shall 
be  reduced  at  least  twenty-five  per  centum,  viz:  Governor,  Secre- 
tary of  State,  State  Auditor,  State  Treasurer,  Attorney-General, 
Superintendent  of  Education,  Judges  of  the  Supreme  and  Circuit. 
Courts,  and  Chancellors ;  and  after  said  reduction  the  General  Assem- 
bly sliall  not  have  power  to  iiicicaac  the  Bdiiie  except  by  a  vote  of  a 
majority  of  all  the  members  elected  to  each  House,  taken  by  yeas  and 
nays,  and  entered  on  the  journals ;  Provided,  this  section  shall  not 
apply  to  any  of  said  officers  now  in  office. 

9.*  The  General  Assembly  shall  nut  have  the  power  to  require  the 
counties  or  other  municipal  corporations  to  pay  any  charges  which 
are  now  payable  out  of  the  State  Treasury. 

ARTICLE  XII. 

1.  All  able-bodied  male  inhabitants  of  this  State,  between  the  ages 
of  eighteen  years  and  forty-five  years,  who  are  citizens  of  the  United 
States,  or  have  declared  their  intention  to  become  such  citizens,  shall 
be  liable  to  military  duty  in  the  militia  of  the  State. 

2.  The  General  Assembly,  in  providing  for  the  organization,  equip- 
ment, and  discipline  of  the  militia,  shall  conform  as  nearly  as  prac- 
ticable to  the  regulations  for  the  government  of  the"  armies  of  the 
United  States. 

3.  Each  company  and  regiment  shall  elect  its  own  company  and 
regimental  officers ;  but  if  any  company  or  regiment  shall  neglect  to 
elect  such  officers  within  the  time  prescribed  by  law,  they  may  be 
appointed  by  the  Governor. 

4.  Volunteer  organizations  of  infantry,  cavalry,  and  artillery,  may 
be  formed  in  such  manner,  and  under  such  restrictions,  and  with  such 
privileges,  as  may  be  provided  by  law. 

5.  The  militia  and  volunteer  forces  shall,  in  all  cases,  except  trea- 
son, felony  and  breach  of  the  peace,  be  privileged  from  arrest  during 
their^Juttendance  ut  musters,  parades,  and  elections,  and  in  going  to 
and  returning  from  the  same. 

6.  The  Governor,  shall,  except  as  otherwise  provided  herein,  be 
commander-in-chief  of  the  militia  and  volunteer  forces  of  the  State, 
except  when  in  the  service  of  the  United  States,  and  shall,  with  the 
advice  and  consent  of  tho  Senate,  ajipoint  all  general  officers,  whose 
term  of  office  shall  be  for  four  years.    The  Governor,  the  Generals 


29 

and  regimental  and  battalion  commanders,  shall  appoint  their  own 
staffs,  us  may  be  provided  by  law. 

7.  The  General  Assembly  shall  provide  for  the  safe  keeping  of  the 
arms,  ammunition  and  accoutrements,  military  records,  banners  and 
relics  of  the  State. 

8.  The  officers  and  men  of  the  militia  and  volunteer  forces  shall 
not  be  entitled  to,  or  receive,  any  pay,  rations  or  emoluments,  when 
not  in  active  service. 

ARTICLE  XIII. 

EDUCATION .  V^ 

1.  The  General  Assembly  shall  establish,  organize  and  maintain  a 
system  of  public  schools  throughout  the  State  for  the  equal  benefit  of 
the  children  thereof,  between  the  ages  of  seven  and  twenty-one  years ; 
but  separate  schools  shall  be  provided  for  the  children  of  citizens  of 
African  descent. 

2.  The  principal  of  all  funds  arising  from  the  sale  or  other  disposi- 
tion of  lands  or  other  property,  which  has  been  or  may  hereafter  be 
granted  or  entrusted  to  this  State,  or  given  by  the  United  States  for 
educational  purposes,  shall  be  preserved  inviolate  and  undiminished ; 
and  the  income  arising  therefrom  shall  be  faithfully  applied  to  the 
specific  objects  of  the  original  grants  or  appropriations. 

3.  All  lands  or  other  property  given  by  individuals,  or  appropriat- 
ed by  the  State  for  educational  purposes,  and  all  estates  of  deceased 
persons,  who  die  without  leaving  a  will  or  heir,  shall  be  faithfully  ap- 
plied to  the  maintenance  of  the  public  schools. 

4.  The  General  Assembly  shall  also  provide  for  the  levying  and 
collection  of  an  annual  poll  tax,  not  to  exceed  one  dollar  and  fifty 
cents  on  each  poll,  which  shall  be  applied  to  the  support  of  the  public 
schools  in  the  counties  in  which  it  is  levied  and  collected. 

5.  The  income  arising  from  the  sixteenth  section  trust  fund,  the 
surplus  revenue  fund,  until  it  is  called  for  by  the  United  States  gov- 
ernment, and  the  funds  enumerated  in  sections  three  and  four  of  this 
article,  with  such  other  moneys,  to  be  not  less  than  one  hundred 
thousand  dollars  per  annum,  as  the  General  Assembly  shall  provide 
by  taxation  or  otherwise,  shall  be  applied  to  the  support  and  main- 
tenance of  the  public  schools,  and  it  shall  be  the  duty  of  the  General 
Assembly  to  increase,  from  time  to  time,  the  public  school  fund,  as 
the  condition  of  the  Treasury  and  the  resources  of  the  State  will  ad- 
mit. 

6.  Not  more  than  four  per  cent,  of  all  moneys  raised,  or  which 
may  hereafter  be  appropriated  for  the  support  of  public  schools, 
shall  be  used  or  expended  otherwise  than  for  the  payment  of  teachers, 
employed  in  such  schools  ;  Provided,  that  the  General  Assembly  may, 
by  a  vote  of  two-thirds  of  each  house,  suspend  the  operation  of  this 
section. 


30 

7.  The  supervision  of  the  public  schools  shall  be  vested  in  a  Super- 
intendent of  Education,  whose  powers,  duties,  tei'in  of  office  and  com- 
pensation shall  be  fixed  by  law.  The  Superintendent  of  Education 
shall  be  elected  by  the  qualified  voters  of  the  State  in  such  manner 
and  at  such  time  as  shall  be  provided  by  law. 

8.  No  money  raised  for  the  support  of  the  public  schools  of  the 
State,  shall  be  appropriated  to  or  used  for  the  support  of  any  secta- 
rian or  denominational  school. 

9.  The  State  University  and  the  Agricultural  and  Mechanical  Col- 
lege shall  each  be  under  the  management  and  control  of  a  Board  of 
Trustees.  The  Board  for  the  University  shall  consist  of  two  members 
from  tiie  congressional  district  in  which  the  University  is  located,  and 
one  from  each  of  the  other  congressional  districts  in  the  State.  The 
Board  for  the  Agricultural  and  Mechanical  College  shall  consist  of 
two  members  from  the  congressional  district  in  which  the  College  is 
located,  and  one  from  each  of  the  other  congressional  districts  in  the 
State.  Said  Trustees  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  and  shall  hold  office  for  a 
term  of  six  years,  and  until  their  successors  shall  be  appointed  and 
qualified.  After  the  first  appointment  each  Board  shall  be  divided 
into  three  classes,  as  nearly  equal  as  may  be  The  seats  of  the  first 
class  shall  be  vacated  at  the  expiration  of  two  years,  and  those  of  the 
second;claps  in  four  years,  and  those  of  tlie  third  class  at  the  end  of 
six  years  from  the  date  of  appointment,  so  that  one-third  may  be 
chosen  biennially.  No  trustee  shall  receive  any  pay  or  emolument 
other  than  his  actual  expenses  incurred  in  the  di^^charge  of  his  duties 
as  suoh.  T!i3  (lovernor  shall  be  e-xojjlcio  President  and  the  Superin- 
tendent of  Education  e.c-o(ficio  a  member  of  each  of  said  Boards  of 
Trustees. 

10.  The  Grenerai  Assembly  shall  have  no  power  to  change  the  lo- 
cation of  the  State  University  or  the  Agricultural  and  Mechanical 
College  as  now  established  by  law,  except  upon  a  vote  of  two-thirds 
of  the  General  Assembly,  taken  by  yeas  and  nays  and  entered  upon 
the  journals. 

11.  The  provisions  of  this  article  and  of  any  act  of  the  General  As- 
sembly passed  in  pursuance  thereof  to  establish,  organize  and  main- 
tain a  system  of  public  schools  throughout  the  State,  shall  apply  to 
Mobile  county  only  so  far  as  to  authorize  and  require  the  authorities 
designated  by  law  to  draw  the  portion  of  the  funds  to  which  said 
county  shall  be  entitled  for  school  purposes,  and  to  make  reports  to 
the  Superintendent  of  Education  as  may  be  prescribed  by  law.  And 
all  special  incomes  and  powers  of  taxation,  as  now  authorized  by  law 
for  the  benefit  of  public  schools  in  said  county,  shall  remain  undis- 
turbed until  otherwise  provided  by  the  General  Assembly  ;  Provided, 
That  separate  schools  for  each  race  shall  always  be  maintained  by 
said  school  authorities. 


31 

ARTICLE  XIV. 

CORPORATIONS — PRIVATE  CORPORATIONS. 

1.  Corporations  may  be  formed  under  general  laws,  but  shall  not 
be  created  by  special  act,  except  for  municipal,  manufacturing,  min- 
ing, immigration,  industrial,  and  educational  purposes,  or  for  con- 
structing canals,  or  improving  navigable  rivers  and  harbors  of  this 
State,  and  in  cases,  where  in  the  judgment  of  the  General  Assembly, 
the  objects  of  the  corporation  cannot  be  attained  under  the  general 
laves.  All  general  laws  and  special  acts  passed  pursuant  to  this  sec- 
tion may  be  altered,  amended  and  repealed. 

2.  All  exiciting  charters  or  grant?  of  special  or  exclusive  privileges 
under  which  a  bona  fide  organization  shall  not  have  taken  place  and 
business  been  commenced  in  good  faith,  at  the  time  of  the  notifica- 
tion of  this  Constitution,  shall  thereafter  have  no  validity. 

3.  The  General  Assembly  sliall  not  remit  the  forfeiture  of  the  char- 
ter of  any  corporation  now  existing,  or  alter  or  amend  the  same,  or 
]>a8s  any  general  or  special  law  for  the  benefit  of  such  corporation, 
other  than  in  execution  of  a  trust  created  by  law  or  by  contract, 
except  upon  the  condition  that  such  corporation  shall  thereafter  hold 
its  charter  subject  to  the  provisions  of  this  Constitution. 

4  No  foreign  corporation  shall  do  any  business  in  this  State  with- 
out having  at  least  one  known  place  of  business  and  an  authorized 
agent  or  agents  therein,  and  such  corporation  may  be  sued  in  any 
county  where  it  does  business  by  service  of  process  upon  an  agent 
anywhere  in  this  State. 

5.  No  corporation  shall  engage  in  any  business  other  than  that  ex- 
pressly authorized  in  its  charter. 

8.  No  corporation  shall  issue  stock  or  bonds  except  for  money, 
labor  done,  or  money  or  property  actually  received  ;  and  all  ficititioua 
increase  of  stoclj  or  indebtedness  shall  be  void.  The  stock  and  bond- 
ed indebtedness  of  corporations  shall  not  be  increhsod,  except  in  pur- 
suance of  general  laws,  nor  without  the  consent  of  the  persons  hold- 
ing the  larger  amount  in  value  of  stock,  first  obtained  at  a  meeting 
to  be  held  after  thirty  days  notice  given  in  pursuance  of  law 

7.  iMunicipnl  and  other  corporations  and  individ-uals  invested  with 
the  privilege  of  taking  private  property  for  public  use,  shall  make 
just  compensation  for  the  i)roperty  taken,  injured  or  destroyed  by 
the  construction  or  enlai-gement  of  its  works,  highways  or  improve- 
ments, which  compensation  shall  be  paid  before  such  taking,  injury 
or  destruction.  The  General  Assembly  is  hereby  prohibited  from 
depriving  any  person  of  an  appeal  from  any  preliminary  assessment 
of  damages  against  any  such  corporations  or  individuals  made  by 
viewers  or  otherwise ;  and  the  amount  of  such  damages  in  all  cases  of 
appt'ul  shall,  on  the  demand  of  either  party,  be  determined  by  a  jury 
ac<!ording  to  law. 

8.  Dues  from  private  corporations  shall  be  secured  by  such  means 


32 

as  may  be  prescribed  by  law,  but  in  no  case  shall  any  stockholder  be 
individually  liable  otherwise  than  for  the  unpaid  stock  owned  by  him 
or  her. 

9.  No  corporation  shall  issue  preferred  stock  without  the  consent 
of  the  owners  of  two-thirds  of  the  stock  of  said  corporation. 

10.  The  General  Assembly  shall  have  the  power  to  alter,  revoke  or 
amend  any  charter  of  incorporation  now  existing,  and  revocable  at 
the  ratification  of  this  Constitution,  or  any  that  may  hereafter  be 
created,  whenever,  in  their  opinion,  it  may  be  injurious  to  the  citi- 
zens of  this  State,  in  such  manner,  however,  that  no  injustice  shall  be 
done  to  the  incorporators.  No  law  hereafter  enacted  shall  create, 
renew  or  extend  the  charter  of  more  than  one  corporation. 

11.  Any  association  or  corporation  organized  for  the  purpose,  or 
any  individual  shall  have  the  right  to  construct  and  maintain  lines  of 
telegraph  within  this  State,  and  connect  the  same  with  other  lines, 
and  the  General  Assembly  shall,  by  general  law  of  uniform  operation, 
provide  reasonable  regulations  to  give  full  effect  to  this  section.  No 
telegraph  company  shall  consolidate  with  or  hold  a  controlling  inter- 
est in  the  stock  or  bonds  of  any  other  telegraph  company  owning  a 
competing  line,  or  acquire,  by  purchase  or  otherwise,  any  other  com- 
peting line  of  telegraph. 

12.  All  corporations  shall  have  the  right  to  sue,  and  shall  be  sub- 
ject to  be  sued,  in  all  courts  in  like  cases  as  natural  persons. 

13.  The  term  corporation,  as  used  in  this  article,  shall  be  con- 
strued to  include  all  joint  stock  companies,  or  any  associations  hav- 
ing any  of  the  powers  or  privileges  of  corporations  not  possessed  by 
individuals  or  partnerships. 

BANKS   AND   BANKING. 

14.  The  General  Assembly  shall  not  have  the  power  to  establish 
or  incorporate  any  bank  or  banking  company,  or  moneyed  institu- 
tion, for  the  purpose  of  issuing  bills  of  credit,  or  bills  payable  to 
order  or  bearer,  except  under  the  conditions  prescribed  in  this  Con- 
stitution. 

15.  No  banks  shall  be  established  otherwise  than  under  a  general 
banking  law,  nor  otherwise  than  upon  a  specie  basis. 

16.  All  bills  or  notes  issued  as  money,  shall  be  at  all  times  redeem- 
able in  gold  or  silver,  and  no  law  shall  be  passed  sanctioning,  directly 
or  indirectly,  the  suspension  by  any  bank  or  banking  company  of 
specie  payment. 

17.  Holders  of  bank  notes  and  depositors  who  have  not  stipulated 
for  interest,  shall,  for  such  notes  and  deposits,  be  entitled  in  case  of 
insolvency,  to  the  preference  of  payment  over  all  other  creditors. 

18.  Every  bank  or  banking  company  shall  be  required  to  cease  all 
banking  operations  within  twenty  years  from  the  time  of  its  oi'gani- 
zation,  (unless  the  General  Assembly  shall  extend  the  time,)  and 
promptly   thereafter  close    its  business ;  but  shall    have   corporate 


33 

capacity  to  sue  and  shall   l)e  liable  to  suit  uiiiil  its  affairs  ami  liabili- 
ties are  fully  closed. 

19.  No  bank  shall  receive  directly  or  indirectly,  a  greater  rate  of 
interest  than  shall  be  allowed  by  law  to  individuals  for  lending 
money. 

20.  The  State  shall  not  be  a  stockholder  in  any  bank,  nor  shall  the 
credit  of  the  State  ever  be  given,  or  loaned,  to  any  banking  company, 
association  or  corjwration. 

KAILROADS    A.NJ>    (  ANAl.S. 

21.  All  railroads  and  canals  shall  be  public  higliways,  and  all  rail- 
road and  canal  companies  shall  be  common  carriers.  Any  associa- 
tion or  corporation  organized  for  the  purpose  shall  have  the  right  to 
construct  and  operate  a  railroad  between  any  points  in  this  State, 
and  connect  at  the  Statfi  line,  with  railroads  of  other  States.  Every 
railroad  company  shall  have  the  right  with  its  road  to  intersect,  con- 
nect with,  or  cross  any  other  railroad,  and  shall  receive  and  trans- 
j)ort,  each,  the  others  freight,  passengers  and  cars,  loaded  or  empty, 
without  delay  or  discrimination. 

22.  The  General  Assembly  shall  pass  laws  to  correct  abuses  and 
prevent  unjust  discrimination  and  extortion  in  the  rates  of  freights 
and  passenger  tariffs  on  railroads,  canals  and  rivers  in  this  State. 

23.  No  railroad  or  other  transporation  company  shall  grant  free 
|iasses,  or  sell  tickets  or  passes  at  a  discount  other  than  as  sold  to  the 
juiblic  generally,  to  any  member  of  the  General  Assembly,  or  to  any 
person  holding  office  under  this  State  or  the  United  States. 

24.  No  street  passenger  railway  shall  be  constructed  within  the 
limits  of  any  city  or  town,  without  the  consent  of  its  local  authorities. 

25.  No  railroad,  canal  or  other  transportation  company  in  exist- 
ence at  the  time  of  the  ratification  of  this  Constitution,  shall  have 
the  benefit  of  any  future  legislation,  by  general  or  special  laws, other 
than  in  execution  of  a  trust  created  by  law  or  by  contract,  except  on 
the  condition  of  complete  acceptance  of  all  i>rovisions  of  this  article. 

ARTICLE  XV. 

OATII    OF   OKFICK. 

1.  AH  members  of  the  General  Assembly,  and  all  officers,  execu- 
tive and  judicial,  before  they  enter  upon  the  execution  of  the  duties 
of  tlteir  respective  offices,  shall  take  the  following  oath  or  affirma- 
tion, to-wit : 

"I, ,  solemnly  swear,  [or  affirm,  as  the  case  may 

be]  that  I  will  support  the  Constitutioii  of  the  United  States  and  the 
Constitution  of  the  State  of  Alabama,  so  long  as  I  continue  a  citizen 
thereof,  and  that  I  will  faithfully  and  honestly  discharge  the  duties 
of  the  office  upon  which  I  am  about  to  enter  to  the  best  of  my  ability, 
3 


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